Rajasthan High Court - Jodhpur
Shivraj Singh vs State on 4 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 50/2021
IN
S.B. Criminal Appeal No.66/2021
Shivraj Singh S/o Mahendra Singh Panwar, Aged About 27 Years,
Aamli, Hamirgarh Police Station, District Bhilwara, At Present
Residing Nearby Churu, Jawahar Nagar, Pratap Nagar Police
Station, Bhilwara, District Bhilwara. (Lodged In District Jail
Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. DS Udawat
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/02/2021
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 submits that as a counter-blast to
the FIR lodged by complainant, a criminal complaint was also filed
by present appellant on 12.7.2019.
Counsel for the appellant submits that maximum sentence
awarded is of four years. The appellant was on bail during trial.
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(2 of 3) [SOSA-50/2021]
Counsel for the appellant further submits that the doctor's
evidence do not reflect any injury.
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 - Shivraj Singh S/o Mahendra Singh Panwar by the learned
Special Judge, Protection of Children from Sexual Offence Act
No.02, Bhilwara by his judgment dated 11.02.2021 in Sessions
Case No.02/2020 (92/2019) 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 18.03.2021 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.
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) to the trial
court.
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(3 of 3) [SOSA-50/2021]
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.
194-Sanjay/-
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