Nizam Khan vs State Of Rajasthan (2025:Rj-Jd:608)
2025 Latest Caselaw 3779 Raj

Rajasthan High Court - Jodhpur

Nizam Khan vs State Of Rajasthan (2025:Rj-Jd:608) on 6 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:608]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                             No. 1727/2024

Nizam Khan S/o Hasan Khan, Aged About 37 Years, R/o Rah, Ps
Bagoda, Dist. Jalore. (Lodged In Sub Jain Pokaran)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Deepak Menaria
For Respondent(s)        :     Mr. Narendra Gehlot, PP with
                               Mr. Omprakash Choudhary


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2025

Heard learned counsel for the appellant as well as learned

Public Prosecutor and perused the material available on record.

Learned counsel for the appellant submit that the appellant was

on bail during the trial and hearing of the appeal will take sufficient

long time. Therefore, the sentence may kindly be suspended.

Learned Public Prosecutor opposed the prayer made by the

counsel for the appellant.

Upon a consideration of the arguments advanced on behalf of

the appellant and having regard to the facts and circumstances of

the case, the appellant was on bail during the trial, therefore, this

Court is of the opinion that it is a fit case for suspending the

sentences awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed

under Section 430 (2) BNSS is allowed and it is ordered that the

sentence in the judgment dated 09.12.2024 passed by the learned

[2025:RJ-JD:608] (2 of 2) [SOSA-1727/2024]

Addl. District & Sessions Judge, Pokaran, District Jaisalmer in

Sessions Case No.13/2017 against the appellant-applicant Nizam

Khan S/o Hasan Khan, shall remain suspended till final disposal of

the aforesaid appeal and he will be released on bail, provided he

executes personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 07.02.2025 and whenever

ordered to do so till the disposal of the appeal on the conditions

indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant(s) was/were 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

applicant(s) does not appear before the trial court, the learned trial

Judge shall report the matter to the High Court for cancellation of

bail.

(MANOJ KUMAR GARG),J 91-Ishan/-

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