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2019 DIGILAW 1796 (RAJ)

Iqbal Khan v. State of Rajasthan, Through PP

2019-06-13

ABHAY CHATURVEDI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner and learned Public Prosecutor on application for suspension of sentence. 2. It is submitted by the learned counsel for the appellant that the trial court has failed to consider the evidence available on record. The trial Court while acquitting the accused appellant to the offence under Sections 363 and 376 of IPC, convicted the accused appellant for the offences under Section 366, 376/511 IPC, which is not tenable on the material available on record. During trial, the applicant was enlarged on bail by this Honble Court vide order dated 06.07.2017 in S.B. Criminal Misc. Bail Application No. 4662/2017. 3. Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner. 4. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Cases, Chittorghar, vide judgment dated 01.06.2019 in Sessions Case No. 75/2018 against the petitioner-applicant Iqbal Khan S/o Rehmat 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. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 15.07.2019 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. 5. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. 5. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.