Maharam S/O Shri Ramji Lal vs State Of Rajasthan
2021 Latest Caselaw 134 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          D.B. Criminal Miscellaneous second Bail Application

    Second Suspension of Sentence Application No.1094/2020

                                        In

                  D.B. Criminal Appeal No. 257/2019

Maharam S/o Shri Ramji Lal, Aged About 25 Years, R/o Bhadanti
Ps Nangal Choudhary Distt. Mahendrgarh (Haryana) (Presently
Lodged In Central Jail Jaipur)
                                                                    ----Applicant
                                    Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Applicant(s) : Mr. Ajay Kumar Jain Advocate through Video Conferencing.

For Respondent(s) : Mr. Javed Chaudhary for the State.

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Judgment / Order

07/01/2021

Learned counsel for the applicant has submitted that the

applicant was not named by the prosecutrix in her statement

recorded under Section 161 Code of Criminal Procedure, 1973

(hereinafter referred to as 'Cr.P.C.) on 19.02.2015. However, when

the statement of the prosecutrix was recorded under Section 164

Cr.P.C. on 25.02.2015, she levelled allegation against the

applicant, Sonu and Sandeep. When the prosecutrix appeared in

the witness box, during trial, she had levelled allegation against

the applicant and Sonu and had not levelled any allegation against

(2 of 2) [SOSA-1094/2020]

Sandeep. Applicant was on bail, during trial. Now applicant is in

custody since 26.06.2019.

Learned State counsel has opposed the application.

Keeping in view the facts and circumstances of the case, it

would be just and expedient to suspend the sentence of the

applicant during pendency of the appeal.

Accordingly, application is allowed. Sentence of the applicant

shall remain suspended during pendency of the appeal. Applicant

be admitted to bail subject to the satisfaction of the trial Court.

                                   (GOVERDHAN BARDHAR),J                                              (SABINA),J

                                   S.Kumawat-12









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