[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Arbaaz Khan vs State Of Rajasthan ... on 10 April, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:16923-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 2013/2025
Arbaaz Khan S/o Shri Anbar Khan, Aged About 25 Years, R/o
Garib Nawaz Colony Behind The Magri School, Mallatalai P.s.
Ambamata Udaipur, Dist. Udaipur, Raj.
(Lodged In Central Jail, Udaipur,raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. C.S. Ojha, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
10/04/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS read with 389 of the Cr.P.C. seeking
suspension of sentence awarded to him by the learned Special
Judge, Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities Cases), Udaipur (hereinafter referred to as 'trial Court')
vide judgment dated 05.11.2024 passed in Session Case
No.38/2018 (CIS No.168/2018), whereby following sentences
have been awarded against the accused-applicant.
S.No Offence Sentence Fine
1. 302/34 Imprisonment for To pay a fine of Rs.1,00,000/-; in
IPC Life default thereof to further undergo
one year's additional R.I.
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2. 323/34 One Year R.I. To pay a fine of Rs.1,000/-; in
IPC default thereof to further undergo
one month additional R.I.
3. 3(2)(v) Imprisonment of To pay a fine of Rs.1,00,000/-; in
of Life default thereof to further undergo
SC/ST one year's additional R.I.
Act
4. 3/25 of 03 Years R.I. To pay a fine of Rs.10,000/-; in
Arms default thereof to further undergo
Act three months' additional R.I.
2. Learned counsel for the applicant-appellant submits that the
application of the co-accused Krishna S/o. Shri Ghanshyam,
seeking suspension of sentence has been allowed by this Court
vide order dated 23.03.2026 and the case of the present
applicant-appellant is similar to the case of the co-accused Krishna
S/o. Shri Ghanshyam. He, therefore, prays that the sentence in
the case of present applicant-appellant may also be suspended
during pendency of the present appeal.
3. Per contra, learned Public Prosecutor opposed the present
application seeking suspension of sentence, but he is unable to
distinguish the case of the present applicant vis-a-vis the case of
the co-accused person whose sentence has already been
suspended.
4. We have considered the submissions made at the Bar and
have gone through the relevant record of the case.
5. In the considered opinion of this Court, without commenting
on the merit and demerit of the case, this Court deems it
appropriate to suspend the sentence of the applicant-appellant.
6. Accordingly, the application seeking suspension of sentence
filed by the applicant-appellant is hereby allowed. It is ordered
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that the sentence passed by the learned Special Judge, Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities Cases),
Udaipur vide judgment dated 05.11.2024 in Session Case
No.38/2018 (CIS No.168/2018) against the applicant - Arbaaz
Khan S/o Shri Anbar 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.1,00,000/-
each with two sureties of Rs.50,000/- each to the satisfaction of
the learned trial Judge for his appearance in this Court on
11.05.2026 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
(i) That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
(ii) 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.
(iii) Similarly, if the sureties change their address,
they will give in writing their changed address to the
trial Court.
7. 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.
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8. Needless to state that the observations made hereinabove in
relation to guilt or otherwise of the applicant is prima-facie opinion
considering the material to the extent necessary for the purpose
of consideration of instant application. None of the parties shall
rely upon the findings or observations made herein at the time of
arguing final hearing of the appeal.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
38-Shahenshah/sunils/-
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