Rajasthan High Court - Jodhpur
Akbar Khan vs State Of Rajasthan on 7 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2301/2025
Akbar Khan S/o Raseed Khan, Aged About 31 Years, R/o
Multanpura Thana, VID Nagar, Mandsaur, Madhya Pradesh
(Lodged In Central Jail, Udaipur)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Pritam Solanki
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
07/11/2025
IN S.B. Criminal Appeal (SB) No. 2301/2025:-
1. Admit.
2. Call for record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2053/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that
there were no independent witnesses to support the case of the
prosecution. He further submits that none of the witnesses, who
were present at the toll plaza, have been examined and that the
ownership of the truck has not been associated with the appellant.
He further submits that the appellant was behind the bars for
almost one and a half years, out of total sentence of three years
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of rigorous imprisonment imposed by the learned Trial Court. He,
therefore, implores this Court to allow the present application for
suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
learned Trial Court has considered each and every aspect of the
matter threadbare and thereafter the conviction order has been
passed, and therefore, the accused-appellant is not entitled to any
indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the parties and having regard to the facts and circumstances of
the case, including the facts that conviction imposed is three years
rigorous imprisonment, the appellant-applicant is behind the bars
since one and a half years and the chances of hearing of appeal in
near future being bleak, this Court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C./ Section 430 of BNSS, 2023 is
allowed and it is ordered that the sentence passed by the learned
Additional District and Session Judge No.2, Nimbahera, District
Chittorgarh, vide judgment dated 19.06.2025 in Sessions Case
No. 16/2020(CIS No.46/2017) against the applicant Akbar Khan
S/o Raseed Khan 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.2,00,000/- with two
sureties of Rs.1,00,000/-, each to the satisfaction of the learned
trial Judge for his appearance in this court on 10.12.2025 and
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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.
6. 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/do not appear before the
trial Court, the learned trial Judge shall report the matter to the
High Court for cancellation of bail.
(SANDEEP SHAH),J
2-charul/-
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