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Rajasthan High Court - Jodhpur
Sabu Khan vs State Of Rajasthan (2025:Rj-Jd:54377) on 16 December, 2025
[2025:RJ-JD:54377]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 372/2025
Sabu Khan S/o Shri Safi Mohd., Aged About 46 Years, R/o
Khavaspur, P.S. Borunda, District Jodhpur.
(Presently Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, PP
----Respondent
For Petitioner(s) : Mr. Manish Rajpurohit for Mr. Rakesh
Arora
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
16/12/2025
1. The instant application for suspension of sentence has been
filed by the petitioner under Section 438(1) of BNSS (U/s 397(1)
Cr.P.C) against the judgment of conviction and sentence dated
10.02.2015, passed by the learned Additional Chief Judicial
Magistrate, Jaitaran, in Criminal Regular Case No.57/2014, as
affirmed by the learned Additional Sessions Judge, Jaitaran,
District Beawar vide judgment dated 20.11.2025, passed in
Criminal Appeal No.29/2015(30/2015).
2. Learned counsel for the petitioner-applicant submits that
accused applicant has been falsely implicated in this case. It is
also submitted that the applicant was on bail during trial. It is
further submitted that hearing of criminal revision petition will
take significantly long time, therefore, the application of
suspension of sentence (revision) may be allowed.
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3. Learned Public Prosecutor opposes the suspension of
sentence application.
4. Heard learned counsel for the applicant and the learned
Public Prosecutor. Perused the material available on record.
5. Having regard to the facts and circumstances of the case so
also the fact that the hearing of the instant revision petition,
preferred by the applicant against the impugned, judgment will
take sufficient time, I consider it just and proper to suspend the
sentence awarded to the accused-applicant.
6. Accordingly, the present Suspension of Sentence (Revision)
is allowed and it is ordered that the substantive sentences passed
by the learned Additional Chief Judicial Magistrate, Jaitaran
Criminal Regular Case No.57/2014, vide order dated 10.02.2015,
as affirmed by the learned Additional Sessions Judge, Jaitaran,
District Beawar vide judgment dated 20.11.2025, passed in
Criminal Appeal No.29/2015(30/2015) against the petitioner-
applicant Sabu Khan S/o Shri Safi Mohd. shall remain
suspended till final disposal of the revision petition and he shall be
released on bail, provided he executes a personal bond in the sum
of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the
satisfaction of the learned trial Judge for his appearance in this
court on 19.01.2026 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below :-
1. That petitioner will appear before the trial Court in
the month of January of every year till the
petition is decided.
2. That if the petitioner changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
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they will give in writing their changed address to
the trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial Court. In case the said
accused-petitioner does not appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUKESH RAJPUROHIT),J
133-Ramesh/-
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