Rajasthan High Court - Jodhpur
Ramesh Devilal vs State on 5 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 485/2020
(For suspension of Sentences)
in
S.B. Criminal Appeal No.1228/2015
Ramesh @ Devilal S/o Shri Rama Ji, Aged About 27 Years, r/o
Vanol, P.s. Kunwaria, District Rajsamand. (At Present Lodged In
Central Jail, Udaipur).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
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 accused-applicant/appellant has
shown to this Court that the medical report indicated the
prosecutrix to be between the age of 16 to 18 years. Learned
counsel further submits that the three girls boarding the tempo
and then two girls being permitted to voluntarily leave the tempo,
whereas the third girl being forcefully taken away, is not a story,
which could be normally believed.
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Learned counsel for the accused-applicant/appellant also
submits that out of 10 years of imprisonment, the accused-
applicant/appellant has already undergone custody period of more
than eight years. Learned counsel further submits that there are
no previous criminal antecedents of the present accused-
applicant/appellant.
Learned counsel for the accused-applicant/appellant also
relied upon the judgment rendered by a coordinate Bench of this
Hon'ble Court in Dinesh Kumar Vs. State (S.B. Criminal Misc.
Suspension of Sentence Application (Appeal) No.732/2020
decided on 25.01.2021).
Learned Public Prosecutor has opposed the application.
Having considered the totality of facts and circumstances of
the case and looking into the fact of prolonged custody of the
present accused-applicant/appellant and the statement of the
prosecutrix and the concerned doctor, 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 18.11.2015 in Sessions Case No.29/2013 against applicant-
appellant Ramesh @ Devilal S/o Shri Rama Ji 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:-
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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
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.
165-SKant/-
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