[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Mohammad Ali Khan vs State Of Rajasthan ... on 30 January, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:5539-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2151/2025
Mohammad Ali Khan S/o Haji Abdul Gani, Aged About 76 Years,
Resident Of Ward No.25, Mohalla Vyapariyan, Churu. (Lodged In
Churu Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate with
Mr. Rajeev Bishnoi
For Respondent(s) : Mr. Rajesh Bhati, PP
Mr. Deepak Menaria and
Mr. Naresh Khatri
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
30/01/2026
1. The present application has been filed by the applicant under
Section 430 of BNSS, 2023 (389 of the Cr.P.C.) seeking
suspension of sentence awarded to him by learned Sessions
Judge, Churu, (hereinafter referred to as 'trial Court') vide
judgment dated 14.10.2025 passed in Session Case No.202/2022
whereby following sentences have been awarded against the
accused-applicant.
S.No Offence Sentence Fine
1. 120B Life Imprisonment To pay a fine of Rs.50,000/-;
IPC in default thereof to further
undergo one years' rigorous
imprisonment
2. Learned counsel for the applicant-appellant submits that the
applicant-appellant has only been convicted under Section 120B of
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IPC as no overt act has been attributed to the present applicant-
appellant as he was not present at the time of incident on the
place of incident. He further submits that during trial, the
applicant-appellant was on bail.
3. Per contra, learned Public Prosecutor has though opposed
the application for suspension of sentence, however he is not in a
position to controvert the fact that any overt act has been
attributed to the present applicant-appellant as he was not
present on the place of incident.
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, and looking to the
fact that no overt act has been attributed to the present applicant-
appellant, 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 for suspension of sentence filed
by the applicant-appellant is hereby allowed. It is ordered that the
sentence passed by the learned Sessions Judge, Churu, vide
judgment dated 14.10.2025 in Session Case No.202/2022 against
applicant-Mohammad Ali Khan S/o Haji Abdul Gani 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 04.03.2026 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
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(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.
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
17-T.Singh/-
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