Rasheed Khan vs The State of Rajasthan

Narendra Kumar Jain-II, J.—Heard learned counsel for the petitioner as well as learned Public Prosecutor on the application u/s 397/401 Cr.P.C. filed on behalf of the accused-petitioner, Rasheed Khan S/o. Shri Habib Khan Kasai for suspension of sentence imposed upon him vide judgment dated 21.06.2007 passed by Chief Judicial Magistrate, Jhalawar (Rajasthan) in Regular Criminal Case No. 296/2003, whereby learned trial court has convicted and sentenced the accused-petitioner u/s 203(1) of Rajasthan Municipalities Act to one year''s simple imprisonment with a fine of Rs. 5,000/-, in default of payment of fine to further undergo one month''s additional simple imprisonment. Learned First Appellate Court, i.e. Special Judge, SC/ST(Prevention of Atrocities) Act Cases, Jhalawar (Rajasthan) vide judgment dated 22.01.2013 in Criminal Appeal No. 54/2007(60/2007) dismissed the appeal filed by the accused-petitioner and maintained the judgment passed by the trial court. Learned counsel for the petitioner submits that the petitioner was on bail during trial as well as during pendency of the appeal. He is behind the bar since 22.01.2013 and decision of this revision petition will take long time, therefore, the sentence imposed upon the accused-petitioner may be suspended during pendency of this revision petition.

Learned Public Prosecutor opposed the application for suspension of sentence of the accused-petitioner.

I have considered the submissions advanced by learned counsel for the parties and perused the impugned judgments and orders passed by both the courts below.

Having considered the facts and circumstances of the case and also the impugned judgments passed by both the courts below, but without expressing any opinion on the merits of the case, I deem it just and proper to suspend the sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed u/s 397/401 Cr.P.C. is allowed and it is ordered that the sentence awarded vide judgment dated 21.06.2007 by Chief Judicial Magistrate, Jhalawar in Regular Criminal Case No. 296/2003 and affirmed by Special Judge, SC/ST(Prevention of Atrocities) Act Cases, Jhalawar (Rajasthan) vide judgment dated 22.01.2013 in Criminal Appeal No. 54/2007(60/2007) against accused-petitioner namely Rasheed Khan S/o. Shri Habib Khan Kasai shall remain suspended during pendency of present revision petition, provided he furnishes an undertaking to remove the encroachment within a period of one month before the trial court and furnishes a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousands only) with two sureties in the sum of Rs. 20,000/- (Rupees Twenty Thousands only) each to the satisfaction of the learned trial court, for his appearance before this Court on 21.03.2013 and as and when he is called upon to do so. The accused-petitioner shall also incorporate in his personal bonds that as and when he shifts from his place of residence, he shall intimate new address of his residence to this Court as well as to his counsel also.