[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Sumar Khan vs State Of Rajasthan ... on 20 January, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:3456-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 2108/2025
Sumar Khan S/o Sh. Sakhi Khan, Aged About 38 Years, R/o
Village Siyani P.S. and Tehsil Ramsar, District Barmer.
(At Present Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. C.S. Rathore.
For Respondent(s) : Mr. Sharwan Singh Rathore, PP.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
20/01/2026
1. The present application has been filed by the applicant under
Section 430(2) of BNSS, 2023 (Old 389 of the Cr.P.C.) seeking
suspension of sentence awarded to him by the learned Special
Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer
(hereinafter referred to as 'trial Court') vide judgment dated
13.01.2020 passed in Session Case No.444/2018 (Old 70/2018),
whereby following sentences have been awarded against the
accused-applicant.
S.No Offence Sentence Fine
1. 302 IPC Imprisonment for To pay a fine of Rs.30,000/-; in
Life default thereof to further undergo
six months' simple imprisonment
2. The earlier application of the applicant-appellant seeking
suspension of sentence was dismissed by a coordinate Bench of
this Court vide order dated 08.07.2020.
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3. Learned counsel for the applicant-appellant submits that the
co-accused Sakhi Khan, who is the father in law of the deceased,
his application seeking suspension of sentence has been allowed
by the coordinate Bench vide order dated 04.03.2025. He further
submits that the case of the present applicant is not
distinguishable from the case of the co-accused Sakhi Khan, in
whose case, sentence has already been suspended. He, therefore,
prays that the sentence in the case of present applicant-appellant
may be suspended during pendency of the present appeal.
3. Per contra, learned Public Prosecutor opposed the 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 second application for suspension of
sentence filed by the applicant-appellant is hereby allowed. It is
ordered that the sentence passed by the learned Special Judge,
SC/ST (Prevention of Atrocities) Act Cases, Barmer vide judgment
dated 13.01.2020 in Session Case No.444/2018 (Old 70/2018)
against the applicant - Sumar Khan S/o Sh. Sakhi 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 21.02.2026 and whenever ordered to
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[2026:RJ-JD:3456-DB] (3 of 3) [SOSA-2108/2025]
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.
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
63-SunilS/Shahenshah/-
(Uploaded on 21/01/2026 at 02:52:09 PM)
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