Ameer Khan vs State Of Rajasthan
2026 Latest Caselaw 954 Raj

Rajasthan High Court - Jodhpur

Ameer Khan vs State Of Rajasthan on 21 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:3804]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
       S.B. Criminal Misc Suspension of Sentence Application
                            No.206/2025
                                 IN
            S.B. Criminal Revision Petition No. 873/2025

Ameer Khan S/o Sardar Khan, Aged About 67 Years, R/o Banera,
District Bhilwara, At Present L-38, Malla Talai, Mansuri Park,
Gandhinagar, Udaipur (Raj)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Firoz Khan
For Respondent(s)        :     Mr. Shriram Choudhary, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/01/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

06.10.2016 passed by the learned Additional Chief Judicial

Magistrate, Doongarpur in Regular Criminal Case No.367/2003

whereby he was convicted and sentenced to suffer maximum

imprisonment of 3 years' R.I. under Sections 467/120 of the IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. He was on bail during trial and did

not misuse the liberty so granted to him; hearing of the revision is

likely to take long time, therefore, the application for suspension

of sentence may be granted.

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3.    Per   contra,   learned       public       prosecutor       has   vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Having considered the submissions advanced by learned

counsel for the parties and upon examining the totality of the facts

and circumstances of the case, particularly the fact that the co-

accused has already been enlarged on bail, that the appellant is

presently not in custody, and that the accused-petitioner remained

on bail during the course of trial, and further considering that the

hearing of the revision petition is likely to take considerable time,

this Court, while refraining from making any observations on the

merits of the case or the alleged defects in the prosecution case

so as not to prejudice the hearing of the revision, is of the

considered opinion that this is a fit case for suspension of the

sentence awarded to the accused-petitioner.

6. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed. The petitioner is not in

custody and he need not surrender back. It is ordered that the

sentence passed by learned trial court, the details of which are

provided in the first para of this order, against the appellant-

applicant named above shall remain suspended till final disposal of

the aforesaid revision and he shall be released on bail provided he

executes a personal bond in the sum of Rs.50,000/-with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

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Judge and whenever ordered to do so till the disposal of the

revision on the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the revision is decided.

(2) 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.

(3) Similarly, if the sureties change their addresses, 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.

(FARJAND ALI),J 69-Samvedana/-

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