Hemraj vs State Of Rajasthan ...

Rajasthan High Court - Jodhpur

Hemraj vs State Of Rajasthan ... on 4 October, 2023

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:32740] (1 of 3) [SOSA-323/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 323/2023

Hemraj S/o Shri Kailash Chandra Regar, Aged About 25 Years, R/
o Bajrangpura, Kanechan Kalla, Phulliya Kalla Police Station,
Bhilwara, District Bhilwara. (Confined In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent

For Petitioner(s) : Mr. TRS Sodha
For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

04/10/2023
1. Learned counsel for the appellant submits that the

occurrence is said to be of 26.01.2019 whereas the FIR has been

lodged on 14.09.2019.

2. Learned counsel for the appellant has drawn attention of

this Court to the fact that the dispute had aggravated due to the

certain photographs getting viral while a projection of consensual

relationship was reflected, though the offence in relation to the

viral photographs has not believed by the learned trial court.

3. Learned counsel for the appellant has drawn attention of this

Court towards the statements, particularly, the statement of PW-1,

2 and 29 regarding the age and other facets of the statements.

4. Learned counsel for the appellant further submits that the

aggravating facts for consideration of bail is that on the earlier

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occasion when the four years custody was not completed, he had

not pressed the bail whereas now the four years custody period is

over.

5. Learned Public Prosecutor opposes the suspension of

sentence application, but is unable to refute the factual matrix of

the case.

6. After hearing the submissions and keeping into the conjoint

consideration the prolonged custody and having considered the

totality of facts and circumstances of the case, this Court

considers it just and proper to suspend the substantive sentence

awarded to the accused applicant-appellant.

7. Accordingly, the present second suspension of sentence

application is allowed and it is ordered that the substantive

sentence passed by the trial court vide judgment dated

18.03.2021 in Sessions Case No.18/2020 (97/2019) against

applicant-appellant Hemraj S/o Shri Kailash Chandra Regar

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 06.11.2023

and whenever ordered to do so, till the disposal of the appeal on

the conditions indicated below:-

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

2. That if the appellant changes the place of
residence, he will give in writing his changed

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address to the trial Court as well as to the counsel
in the High Court.

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

8. 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 accused-

appellant 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.

(DR.PUSHPENDRA SINGH BHATI), J.

412-Sudheer/-

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