Rajasthan High Court - Jodhpur
Sagir Khan Alias Sakil vs State Of Rajasthan on 9 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2161/2025
Sagir Khan Alias Sakil S/o Shri Sabir, Aged About 26 Years, R/o
Bawadri Mohalla, Ward No. 19, Police Station Pratapgarh,
District- Pratapgarh, Rajasthan.
----Appellant
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Kishore Kumar S/o Shri Basnatilal Meena, R/o Manpura,
Police Station Pratapgarh, District Pratapgarh, Rajasthan
----Respondents
For Appellant(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
09/09/2025
In S.B. Criminal Appeal (Sb) No. 2161/2025:-
1. Admit.
2. Call for the record.
3. Issue notice to respondent no.2.
In S.B. Criminal Misc. Suspension of Sentence Application
No.1670/2025:
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 is no overt act committed by the appellant-applicant to bring
home the offence under Sections 354A & 354D of IPC and Section
11/12 of POCSO Act, inasmuch as, the allegation levelled was only
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with regard to asking of mobile number for trying to develop a
friendship with the victim. He further submits that the sentence
imposed is rigorous imprisonment for a period of three years.
Learned counsel for the appellant-applicant further submits that
appellant-applicant was on bail during the course of trial. He thus,
submits that the appellant-applicant is entitled for suspension of
sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that
considering the number of identical incidents and the statements
of the victim and other witnesses, the trial Court has rightly
passed the order impugned. Therefore, the application in question
deserves to be dismissed.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case including the facts that the sentence imposed is rigorous
imprisonment for three years, appellant-applicant was on bail
during the course of trial, the arguable points raised by learned
counsel for the appellant-applicant and chances of hearing of
appeal in near future are bleak, this Court is of the opinion that it
is a fit case for suspending the sentence awarded to the accused
appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by learned Special Judge, POCSO Act 2012,
Pratapgarh, Rajasthan vide judgment dated 20.08.2025 in
Session Case No.24/2024, against the appellant-applicant
Sagir Khan Alias Sakil S/o Shri Sabir shall remain suspended
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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 09.10.2025 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.
6. The learned trial Court shall keep the record of attendance of
the appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-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 appellant-applicant does 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
191-Love/-
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