Rajasthan High Court - Jodhpur
Dinesh Kumar vs State Of Rajasthan on 13 December, 2021
Bench: Rameshwar Vyas
(1 of 3) [SOSA-648/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 648/2021
Dinesh Kumar S/o Shankar Lal Ahari Meena, aged about 37
years, R/o Jhuthri Phala Kapuriya, Police Station Kherwada,
District Udaipur.
(At present lodged in Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Shrawan Kumar Bishnoi, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/12/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 29.09.2021 passed by Additional Sessions
Judge, Kherwada, District Udaipur in Sessions Case
No. 73/2016 (CIS No. 73/2016) :-
Offence Sentences Fine Fine Default
sentences
u/s 376 IPC 10 years RI Rs.10,000/- 6 months SI
u/s 451 IPC 2 years RI Rs.1,000/- 1 month SI
u/s 504 IPC 2 years RI Rs.1,000/- 1 month SI
All sentences shall run concurrently
The petitioner has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
(2 of 3) [SOSA-648/2021]
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused impugned judgment and original record of
the case.
Learned counsel for the petitioner submits that the petitioner
was on bail during trial. He further submits that the prosecutrix is
a major and married lady. This is a case of consent. He further
submits that the appeal is not likely to be heard in near future. In
the above circumstances, he prays to allow this application for
suspension of sentences and release the petitioner on bail.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the rival submissions and after perusal of
the record as also considering the facts and circumstances of the
case more particularly the fact that the petitioner was on bail
during trial, this Court is inclined to accept the application for
suspension of sentences and to release the petitioner on bail
during the pendency of the appeal.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Additional Sessions Judge, Kherwada,
District Udaipur vide Judgment dated 29.09.2021 in Sessions Case
No. 73/2016 (CIS No. 73/2016) against the petitioner - Dinesh
Kumar S/o Shankar Lal Ahari Meena, 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
(3 of 3) [SOSA-648/2021]
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the trial Judge for his appearance in this Court on
27.01.2022 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 petitioner 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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
The trial Court shall keep the record of attendance of the
accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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 petitioner does not appear before the trial court, the trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
32-Inder/-
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