Order

11/02/2025

1. This second suspension of sentence application is preferred aggrieved from order of conviction and sentence dated 29.03.2019 in criminal case No. 686/2017 passed by learned Judicial Magistrate No.5, Kota North which was affirmed in criminal appeal No. 255/2019 on 16.07.2024 by learned Additional Sessions Judge No.5, Kota and petitioner was convicted for offence under Section 457 IPC and sentenced accordingly.

2. Learned counsel for petitioner submits that the present petitioner was convicted for a period of one year under Section 457 IPC and till date he has served almost seven and a half month. He further submits that this Hon’ble Court has dismissed first SOS only on ground of pendency of criminal cases. He further referred the details submitted by police and submitted that out of total 9 cases, four were disposed and 5 are pending before the Court for trial wherein the petitioner is on bail. He further submitted that the petitioner is sole bread-earner of his family and it is unlikely that this revision petition be considered on merits in near future so looking to period already undergone by him, his suspension of sentence application be considered favorably.

3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from P.S.

Bhimganjmandi, Kota City along with latest custody certificate.

4. Heard learned counsel for petitioner and learned Public Prosecutor. Perused the record.

5. In a matter arising out of FIR no. 305/2017 a charge-sheet was filed against present petitioner and learned Judicial Magistrate no.5 (North) Kota after full trial has convicted petitioner accused under Section 457 of IPC and sentenced him to undergo simple imprisonment of one year with fine of ₹2000/-. On an appeal preferred by petitioner same was dismissed on 16.07.2024. First Suspension of Sentence application was dismissed by this Court on 05.09.2024 on the ground that there were total 9 criminal cases mostly under Section 4/25 of Arms Act. Out of 9 cases two have resulted into acquittal and in another two (including present one), petitioner was convicted and remaining five pending for trial. Out of 9 cases, five cases were registered under Section 4/25 of Arms Act.

6. Therefore, considering the entirety of facts and circumstances and the fact that the petitioner has already undergone more than seven months and fifteen days out of sentence of one year and the disposal of revision petition is likely to take time but without expressing any opinion on merits, I am of considered view that it is a fit case wherein petitioner can be enlarged on bail. The application for suspension of sentence is allowed and sentence of petitioner accused- Shahnawaj Khan S/o Shri Riyaj Khan is suspended till disposal of petition with the condition that he would execute 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 07.04.2025 and whenever ordered to do so till the disposal of the petition on the conditions indicated below:-

1. Every first week of every month, the petitioner accused will mark his attendance on at Police Station Bhimganjmandi, District Kota City except when he is in custody in another matter. This attendance will be forwarded to the trial Court by the police.

2. After release of petitioner on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

3. That he will appear before the trial Court in the first week of January every year till the petition is decided.

3. 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.

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

7. Misc. Application stands disposed of.

(ASHOK KUMAR JAIN),J CH