HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.12/2023 In S.B. Criminal Appeal No. 12/2023 Sharwan Singh S/o Mahendra Singh, aged about 25 years, R/o Nawalgarh, District Jhunjhunu.
----Appellant Versus State Of Rajasthan
----Respondent For Appellant(s) : Mr. Anil Bidan Halu For Respondent(s) : Mr. Anees Bhurat, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/01/2023 Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record.
It is contended by the counsel for the appellant- applicant that appellant-Sharwan Singh S/o Mahendra Singh has been convicted for the offence under Section 363 of the IPC and sentenced to undergo five years' rigorous imprisonment. Learned counsel further submits that from perusal of the statement of prosecutrix recorded under Section 164 of Cr.P.C., a safe inference of consent can easily be drawn. She joined the association of the petitioner at her own free will and volition and went to several public places but nowhere any alarm was raised. Learned counsel further submits that disposal of the appeal will consume time thus, (Downloaded on 06/01/2023 at 09:37:01 PM) (2 of 3) [SOSA-12/2023] sentence awarded to him may be suspended during pendency of the appeal.
Learned Public Prosecutor has opposed the application for suspension of sentence.
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that the disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant- applicant.
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 Additional Sessions Judge No.1, Nohar, District Hanumangarh vide judgment dated 23.12.2022 in Criminal Case No.26/2017 against the appellant-applicant Sharwan Singh S/o Mahendra Singh 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 06.02.2023 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 (Downloaded on 06/01/2023 at 09:37:01 PM) (3 of 3) [SOSA-12/2023] 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.
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.
(VINOD KUMAR BHARWANI),J 3-Mamta/-(Downloaded on 06/01/2023 at 09:37:01 PM)
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