Surendra Kumar vs State
2021 Latest Caselaw 2148 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1110/2020

Surendra Kumar S/o Puranmal Meena, Aged About 23 Years, B/c
Meena, R/o Kesharpura (Tikad), Hanuman Nagar, P.s. Bhilwara,
Dist. Bhilwara. (Lodged In District Jail, Bhilwara).
                                                                  ----Appellant
                                   Versus
State, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr J.V.S. Deora
For Respondent(s)        :     Mr Gaurav Singh, Public Prosecutor



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/01/2021

     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

record.

     Learned counsel for the appellant submits that age of the

prosecutrix is 25 years. Learned counsel for the appellant also

submits that that they were both engaged on 16.04.2013.

Learned counsel for the petitioner submits that in the garb of

engagement the present petitioner established physical relations

with her and continued to promise to marry her. In the cross-

examination, the prosecutrix has also admitted that if the

marriage would have happened, she would not have lodged the

present FIR. Learned counsel for the petitioner also pointed out

that during trial, the petitioner was on bail, granted by the trial

court.

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     Learned    Public   Prosecutor         opposes         the   suspension    of

sentence of the appellant.

     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) No.

894/2020 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 10.12.2020 in Sessions Criminal Case No.21/2020

(16/2016)     against applicant-appellant Surendra Kumar S/o

Puran Mal Meena 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 26.02.2021 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

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

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                                   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.

176-MMA/-

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