Rajasthan High Court - Jodhpur
Dinesh vs State on 3 February, 2021
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 104/2021
Dinesh S/o Shri Nand Kishor Dhakad, Aged About 38 Years, R/o
Village Siras, P.s. Ver, Dist. Bharatpur (Raj.). (At Present Lodged
At Central Jail, Udaipur).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Sarwan Vishnoi, 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
record.
Learned counsel for the appellant has drawn attention of this
Court towards the statement of the prosecution witness No.3.
Learned counsel for the petitioner submits that the prosecutrix in
her statement has stated that she is a 30 years of old lady, who
was taken for labour to Ahemdabad by one another lady Lalita.
Learned counsel for the petitioner submits that on one hand,
she is saying that she has been sold for Rs. 50,000/- and other
hand, she claimed that such transaction did not happen in front of
her. It is also contended that the prosecurtix is a matured lady
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and has gone without informing her parents or husband or her
children.
Learned counsel for the petitioner further submits that she
has gone voluntarily with her free will and therefore, the
allegations are doubtful. It is also contended that the petitioner
has been granted bail during trial vide order dated 02.08.2019
passed in S.B. Criminal Misc. Bail Application No.12042/2018.
Learned P.P. opposes the application and submits that the
petitioner has only undergone a custody of 1 year, 3 months and
16 days.
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.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
104/2021 filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 18.12.2020 in Sessions Criminal Case
No.143/2018 (CIS No.143/2018)) against applicant-appellant
Dinesh S/o Shri Nand Kishor Dhakad 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 04.03.2021 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.
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.
256-Sudheer/-
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