Rajasthan High Court - Jodhpur
Janu Khan vs State Of Rajasthan (2025:Rj-Jd:13052) on 7 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13052]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 434/2025
1. Janu Khan S/o Dinu Khan, Aged About 67 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
2. Nawab Khan@ Nebe Khan S/o Dinu Khan, Aged About 41
Years, R/o Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist.
Jaisalmer (At Present Lodged In Dist Jail, Jaisalmer)
3. Anwar Khan S/o Janu Khan, Aged About 35 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
4. Iqbal Khan S/o Hasam Khan, Aged About 35 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
5. Farukh Khan S/o Ambe Khan, Aged About 25 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
6. Ladu Khan S/o Janu Khan, Aged About 25 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
7. Nemte Khan S/o Dinu Khan, Aged About 49 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
8. Manu Khan S/o Janu Khan, Aged About 27 Years, R/o
Jagiro Ki Dhaani Sankhda, P.s. Sankhda, Dist. Jaisalmer
(At Present Lodged In Dist Jail, Jaisalmer)
9. Ambe Khan @ Amandeen S/o Hasam Khan, Aged About
56 Years, R/o Jagiro Ki Dhaani Sankhda, P.s. Sankhda,
Dist. Jaisalmer (At Present Lodged In Dist Jail, Jaisalmer)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
(Downloaded on 07/03/2025 at 11:31:35 PM)
[2025:RJ-JD:13052] (2 of 4) [SOSA-434/2025]
For Petitioner(s) : Mr. Zeeshan Ali
Mr. Aslam Khan
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
Mr. Ikbal Khan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/03/2025
Heard learned counsel for the appellant and learned
Additional Advocate General and counsel for complainant. Perused
the material available on record.
Learned counsel for the appellant submits sentence of co-
accused persons, namely Hasam Khan and Saleem Khan, have
already been suspended by this Court and the case of present
accused-appellants are similar to those of the co-accused and
hearing of the appeal is likely to take some time, therefore their
sentence may be suspended.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Learned Additional Advocate General and learned counsel for
the complainant have opposed the prayer made by the counsel for
the appellants.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (389 of the Cr.P.C.) is allowed and it is
ordered that the sentence passed by learned Additional District
and Sessions Judge, Pokhran, District Jaisalmer vide judgment
[2025:RJ-JD:13052] (3 of 4) [SOSA-434/2025]
dated 28.01.2025 in Session Case No.09/2021 against the
appellant-applicants (1) Janu Khan S/o Dinu Khan, (2) Nawab
Khan@ Nebe Khan, (3) Anwar Khan S/o Janu Khan, (4) Iqbal
Khan S/o Hasam Khan, (5) Farukh Khan S/o Ambe Khan, (6) Ladu
Khan S/o Janu Khan, (7) Ladu Khan S/o Janu Khan, (8) Manu
Khan S/o Janu Khan & (9) Ambe Khan @ Amandeen S/o Hasam
Khan, shall remain suspended till final disposal of the aforesaid
appeal and they shall be released on bail, provided they execute 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
their appearance in this court on 16.04.2025 and whenever
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicants change the place of
residence, they will give in writing 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,
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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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
[2025:RJ-JD:13052] (4 of 4) [SOSA-434/2025]
pendency and disposal of cases in the trial court. In case the said
accused applicants do 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
90-GKaviya/-
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