Rajasthan High Court - Jodhpur
Ali Ashraf Ansari @ Chhotan vs State Of Rajasthan (2025:Rj-Jd:13716) on 12 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13716]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1531/2023
Ali Ashraf Ansari @ Chhotan S/o Mohammad Muslim Aka Channu
Ansari, Aged About 26 Years, R/o Nagari, P.s. Charpokhari, Dist.
Aara, Bhojpur (Bihar). (At Present Lodged In Central Jail Ajmer)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Neelam W/o Jitendra Rai, R/o Chuni, District Baksar (Bihar) at
present C/o Om Ji Pareek, Rayla, PS Rayla, District Bhilwara
(Raj.)
----Respondent
For Petitioner(s) : Mr. Rahul Soni
For Respondent(s) : Mr. KS Kumpawat, assistant to
Mr. Deepak Choudhary, AAG
Mr. Jitendra Ojha
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/03/2025
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellant submits that according to the
statement of victim (PW-2), she went with the appellant out of her
own free will and resided with him. Counsel submits that presently
both the victim and the appellant are residing together. Moreover,
the appellant was on bail during the trial and there is no chance of
hearing of the appeal in near future. In these circumstances, it is
prayed that the sentence of the appellant may be suspended and
he may be released on bail.
Learned AAG and counsel for respondent No.2 have opposed
the application for suspension of sentence.
[2025:RJ-JD:13716] (2 of 3) [SOSA-1531/2023]
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 there is no chance of hearing of the appeal in
near future, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Special Sessions Judge, POCSO
Act Cases, No.1, Bhilwara, vide judgment dated 17.10.2023 in
Sessions Case No.51/2021 against the applicant Ali Ashraf Ansari
@ Chhotan S/o Mohammad Muslim Aka Channu Ansari, shall
remain suspended till final disposal of the aforesaid appeal 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 to
the satisfaction of the learned trial Judge for his appearance in this
court on 28.04.2025 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
[2025:RJ-JD:13716] (3 of 3) [SOSA-1531/2023]
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
109-MS/-
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