Rajasthan High Court - Jodhpur
Chhaganlal vs State on 5 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension Of Sentence/ Bail No. 770/2020
in
S.B. Criminal Appeal No.890/2020
Chhaganlal S/o Sh. Okaram, Aged About 29 Years, By Caste
Bhatt, R/o Subhash Nagar, P.s. Industrial Area, Dist. Pali,
Rajasthan. (At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B.S. Rathore
For Respondent(s) : Mr. Vikram Sharma PP for the State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
This Court heard learned counsel for the parties as well as
perused the material available on record.
Learned counsel for the applicant-appellant submits that the
applicant-appellant is the husband of the prosecutrix. Learned
counsel has drawn the attention of this Court towards the
statements of PW-4 and PW-10. Learned counsel further submits
that the allegation against the husband (applicant-appellant) is
that he abetted the commission of rape. Learned counsel also
submits that the applicant-appellant was on bail during trial.
Learned Public Prosecutor has opposed the application.
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(2 of 3) [SOSA-770/2020]
Having considered the totality of facts and circumstances of
the case and looking into the fact that the applicant-appellant was
on bail during trial, this Court considers it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, the present suspension of sentence application
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 18.09.2020 in CIS No.29/2019 against applicant-appellant
Chhaganlal S/o Sh. Okaram 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 09.03.2021 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
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
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(3 of 3) [SOSA-770/2020]
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.
54-SKant/-
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