Rajasthan High Court - Jodhpur
Bherunath vs State Of Rajasthan on 3 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.107/2021
IN
S.B. Criminal Appeal No.839/2020
Bherunath S/o Motinath Kalbeliya, Aged About 34 Years, R/o
Nandray, Police Station Bigod, At Present Ulela, Police Station
Jhajpur, Dist. Bhilwara. (At Present Lodged In District Jail,
Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhushan Singh Charan
For Respondent(s) : Mr. Sharwan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties and perused the
impugned order.
Counsel for the appellant has shown statements of PW-1 &
PW-8. PW-1 is 14 years old prosecutrix whereas PW-8 is 22 years
of age.
The allegation pertaining to present appellant has been
levelled vis-a-vis prosecutrix (PW-8).
The statement of PW-8 is consistent to the extent that the
appellant and the prosecutrix travelled together from Shakkargarh
(Downloaded on 04/02/2021 at 09:08:32 PM)
(2 of 3) [SOSA-107/2021]
to Bundi. From Bundi they went to Kota; from Kota they went to
Jaipur and from Jaipur to Sikar. From Sikar they went to Jodhpur.
From Jodhpur they went to Ramdeora. From Ramdeora they again
came to Jodhpur and then went to Bilara. From Chittor they went
to Ratlam. From Ratlam they went to Indore, where they stayed in
hotel. They stayed together at different places and used public
transport as the mode for going to and fro. It is alleged that
Bherunath, the present appellant, committed rape upon PW-8 and
Shankar upon PW-1. Since PW-8 is major, her consent is
reflected.
Learned PP opposed the bail application in general.
Having considered all the facts and circumstances of case,
without making any observation on the merits of case, we are
inclined to suspend the sentence of the appellant(s).
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Bherunath S/o Motinath Kalbeliya by the learned
Special Judge, Protection of Children from Sexual Offence Act
No.01, Bhilwara by his judgment dated 20.08.2020 in Sessions
Case No.196/2020 (30/2017) shall remain suspended till final
disposal of aforesaid appeal provided he executes a personal bond
for a sum of Rs.50,000/- alongwith two solvent sureties in the
sum of Rs.25,000/- each to the satisfaction of the learned trial
court for his appearance before this Court on 17.03.2021 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated below:-
(Downloaded on 04/02/2021 at 09:08:32 PM)
(3 of 3) [SOSA-107/2021]
(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 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(s) 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.
(DR.PUSHPENDRA SINGH BHATI),J.
64-Sanjay/-
Powered by TCPDF (www.tcpdf.org)
