Vaseem Khan vs State Of Rajasthan

Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

The applicant-appellant herein has been convicted for offences under Sections 397 IPC and 4/25 of the Arms Act vide judgment dated 28.03.2017 passed by learned Addl. District & Sessions Judge No.2, Chittorgarh in Sessions Case No.50/2011 and has been sentenced to maximum punishment of seven years.

The appellant is in custody in this case since 07.11.2014 and the appeal has not been listed for hearing even once. The maximum sentence awarded to the appellant by the trial court for the offence under Section 397 IPC is of seven years and the appellant has remained in custody for almost six years.

Learned counsel Shri Firoz Khan has placed on record a certified copy of the judgment dated 23.09.2017 as per which in the case registered against the appellant for the offence under Section 307 IPC, he has been acquitted by the trial court.

In this view of the matter and considering the fact that hearing of the appeal is unlikely in near future, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during pendency of the instant appeal.

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 Addl. District & Sessions Judge No.2, Chittorgarh vide judgment dated 28.03.2017 in Sessions Case No.50/2011 against the appellant-applicant Vaseem Khan s/o Shri Babu Khan Pathan 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 28.02.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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.