Rajasthan High Court - Jodhpur
Subhash vs State on 27 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 987/2020
1. Subhash S/o Shri Valaji Makwana, Aged About 22 Years,
Village Pondra Fala, Siramhudi, Police Station Kalinjara,
District Banswara (Raj.). (At Present Lodged At Central
Jail Udaipur).
2. Ishwar S/o Shri Rughji Meena, Aged About 22 Years,
Village Pondra Fala, Siramhudi, Police Station Kalinjara,
District Banswara (Raj.). (At Present Lodged At Central
Jail Udaipur).
----Appellants
Versus
State, Through P.p.
----Respondent
For Appellant(s) : Mr. JVS Deora
For Respondent(s) : Mr.Sharwan Bishnoi, PP
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 on S.B. Suspension
of Sentence (Appeal) No.815/2020 filed on behalf of applicant
/ appellant no.1 Subhash.
Learned counsel for the appellant submits that prosecutrix at
the time of incident was 17 years of age and the present appellant
was 19 years of age.
Learned counsel for the appellant further submits that
sentence of co-accused Ishwar has already been suspended by
this Hon'ble court vide order dated 05.01.2021.
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(2 of 3) [CRLAS-987/2020]
Learned counsel for the appellant has taken this Court to the
statement of the PW-5, in which, prosecutrix has admitted that
she was working as a labour in Rajkot for about one month. It is
also contended that prosecutrix was having free access to work
place and her employer then the prosecution story become
doubtful.
Learned Public Prosecutor opposes the application.
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
No.1.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
815/2020 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 28.10.2020 in Sessions Case No.124/2018 (CIS
No.124/2018) against applicant-appellant no.1 Subhash S/o Shri
Valaji Makwana 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 01.03.2021 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
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(3 of 3) [CRLAS-987/2020]
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.
78-Sudheer/-
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