Rajasthan High Court - Jodhpur
Salman vs State Of Rajasthan (2025:Rj-Jd:2338) on 14 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:2338]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 98/2025
Salman S/o Barkat Khan, Aged About 21 Years, R/o Maharana
Pratap Choraha, Garib Nawaz Colony, Guru Nagar, Police Station
Industrial Area, District Pali. (At Present Distt Jail Pali)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Laxman S/o Chunni Lal, R/o Behind Bherunath Ashram,
Sardarsamand Road, Police Station Industrial Area, Pali.
----Respondents
For Petitioner(s) : Mr. Naresh Khatri
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/01/2025
Heard learned counsel for the parties and perused the
material available on record.
The first application for suspension of sentence was allowed
by this Court on 24.05.2024, but the appeal stood dismissed due
to non filing of the extra set on 06.12.2024. Now, the appeal has
been restored but the appellant was arrested and sent to custody,
therefore, the appellant has filed present second application for
suspension of sentence.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and hearing of the appeal will take
sufficiently long time, therefore, the sentence of the appellant may
be suspended.
[2025:RJ-JD:2338] (2 of 3) [SOSA-98/2025]
Learned Public Prosecutor opposed the prayer for second
application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the second application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by learned Special Judge,
Protection of Children from Sexual Offences Act and Commission
for Protection of Child Rights Act, No.1, Pali vide judgment dated
14.05.2024 in Criminal Case No.164/2023 against the appellant-
applicant - Salman S/o Barkat Khan shall remain suspended
till final disposal of the aforesaid appeal provided he executes a
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 17.02.2025 and whenever ordered
to do so till the disposal of the appeal on the conditions indicated
below:-
1. That he will appear before the trial Court in the month
of January of every year till the appeal is decided.
2. That if the applicant 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, they will
give in writing their changed address to the trial Court.
[2025:RJ-JD:2338] (3 of 3) [SOSA-98/2025]
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant 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
150-mSingh/-
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