Allowed

Imran Kha v. State of Rajasthan

Rajasthan HC13 Feb 2023SOSA/1103/2022

Case brief

AI extract

What is this about?

In an S.B. Criminal Misc. Application, the High Court suspended the sentence awarded by the Sessions Court to the accused under IPC 304 Part 2 and Motor Vehicle Act, requiring a personal bond and appearance at the trial court until the appeal is decided.

What did the court decide?

The substantive sentence passed by the trial court is suspended till the final disposal of the appeal, subject to the execution of a personal bond with sureties.

Imran Kha Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

¶1

[2023/RJJD/005147]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1103/2022

¶4

Imran Kha S/o Shri Hakam Ali, Aged About 27 Years, B/c Musalman, R/o 4 Lk, Lakhuwali, Police Station Hanumangarh Town, Tehsil Rawatsar, District Hanumangarh (Raj.) (At Present Lodged In District Jail, Hanumangarh)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Navneet Poonia
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

¶10

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

¶11

13/02/2023

¶12

Heard learned counsel for the parties on the application for suspension of sentence.

¶13

The instant application for suspension of sentence has been preferred by the accused-appellant, who has been convicted and sentenced by the learned Additional Sessions Judge No.2, District Hanumangarh in Sessions Case No.101/2017 (CIS No.101/2017) vide judgment dated 30.06.2022. The accused-appellant has been sentenced as under :-

¶14

Offence U/s	Sentence	Fine	Fine Default in sentence
304 Part 2 of I.P.C.	10 years’ R.I.	20,000/-	6 months’ S.I.
146/196 M.V. Act	03 months’ S.I.	2,000/-
123/177 M.V. Act		500/-	1 day’s S.I.

¶15

Learned counsel for the appellant has submitted that the

[2023/RJJD/005147]

[SOSA-1103/2022]

(2 of 3)

application has been filed for suspending the sentence of appellant Imran Kha passed under Section 304 Part 2 of the I.P.C. and under Section 146/196/123/177 of Motor Vehicle Act. Learned counsel for the appellant submitted that initially the accused was charged under Section 304A of the I.P.C. but the learned trial court without any cogent reason convicted the accused under Section 304 Part 2 of the I.P.C. The appellant is in custody from last 10 months. The disposal of the appeal may take considerable time, the accused was on regular bail during the trial. It is, thus, prayed that the sentence awarded to the accused-appellant by the trial court may be suspended.

¶20

Learned Public Prosecutor vehemently opposed the application for suspension of sentence.

¶21

Having heard learned counsel for the parties; after carefully scrutinizing the record of the case and taking into consideration the custody period of the accused-appellant, initially the accusedappellant was charged under Sections 279, 337, 304A, 304 of I.P.C. and 146/196, 123/177 of Motor Vehicle Act and later on learned trial court convicted him under Section 304 Part 2 of the I.P.C. The accused-appellant is in custody for almost 10 months. This Court is inclined to suspend the sentence awarded to the accused-appellant by the trial court vide judgment impugned.

¶22

Accordingly, this application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge No.2, District Hanumangarh in Sessions Case No.101/2017

[2023/RJJD/005147]

[SOSA-1103/2022]

(3 of 3)

(CIS No.101/2017) against accused-appellant Imran Kha S/o Shri Hakam Ali shall remain suspended till final disposal of the aforesaid appeal 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 15.03.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

¶27

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

¶28

That if the appellant 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.

¶29

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

¶30

The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

¶31

(PRAVEER BHATNAGAR),J

¶32

62-Suraj/-

Imran Kha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Imran Kha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohani Devi Vs State of Rajasthan

Sukhlal Vs State of Rajasthan

Narayan Ram Vs State of Rajasthan

Kasana Ram Vs Hindu Singh and Anr.

Smt. Ummed Devi W/O Hansraj Vs Gopal S/O Ganpatram

Deepak Singh Vs R S R T C Jaipur and Ors.