Rajasthan High Court - Jodhpur
Saddique Kathat 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. 291/2020
IN
S.B. Criminal Appeal No.236/2020
Saddique Kathat S/o Shri Sattar Kathat, Aged About 23 Years,
Resident Of Dhirola P.s. Beawar Sadar, District Ajmer. (At Present
Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Shah with
Mr. Rajeev Chouhan
For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG with
Mr. Vikram Sharma, 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 drawn attention of this Court to
the evidence rendered by prosecutrix (PW-7).
Counsel for the appellant has taken this Court to the
statement of prosecutrix under Section 161 Cr. P.C. Her age has to
been found to be between 16-17 years.
Counsel for the appellant further submits that co-accused
has been acquitted by the learned trial court itself.
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Counsel for the appellant also submits that the prosecutrix
has admitted that she travelled with the appellant at different
public places, which includes Charbhuja & Desuri.
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 - Saddique Kathat S/o Shri Sattar Kathat by the
learned Special Judge, Protection of Children from Sexual Offence
Act No.01, Bhilwara by his judgment dated 17.01.2020 in Sessions
Case No.165/2018 (181/2017) shall remain suspended till final
disposal of aforesaid appeal provided he executes a personal bond
for a sum of Rs.50,000/- along with 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 19.03.2021 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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 changed
address to the trial court as well as to the counsel in the
High Court.
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(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.
60-Sanjay/-
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