Rajasthan High Court - Jodhpur
Mukesh vs State Of Rajasthan on 5 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Cr. Misc. Bail (Suspension Of Sentence) Application No.
765/2020
in
S.B. Criminal Appeal No.881/2020
Mukesh S/o Gulabchand, Aged About 25 Years, B/c Prajapat, R/o
207 Sunder Nagar, Behind Bangar College, Pali, Police Station
Kotwali, Dist. Pali, Rajasthan. (At Present Lodged In District Jail,
Pali).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Jogendra Singh on behalf of
Mr. Moti Singh
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 has drawn the
attention of this Court towards the statement of PW-10, the
prosecutrix, and the deposition made by the prosecutrix is that
the present applicant-appellant used to rape her, but for number
of days, she did not inform about it to anybody. Learned counsel
also submits that the prosecutrix further stated that it was only
when another person was brought into picture by her husband,
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that she made the allegations. Learned counsel further submits
that the applicant-appellant was on bail during trial.
Learned Public Prosecutor has opposed the application.
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 Sessions Case No.29/2019 against applicant-
appellant Mukesh S/o Gulabchand 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
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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.
55-SKant/-
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