Rajasthan High Court - Jodhpur
Manish Kumar vs State on 27 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 605/2019
In
S.B. Criminal Appeal No.675/2019
Manish Kumar S/o Viri Singh @ Vire Singh, Aged About 22 Years,
B/c Jat, R/o Kalwari, Police Station Gonda, Dist. Aligarh, (Uttar
Pradesh) (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Kan Singh Oad
For Respondent(s) : Mr. SS Rajpurohit, 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 and perused the
record.
Learned counsel for the appellant submits that the appellant
is in custody since more than five years & one month. Learned
counsel for the appellant further submits that the age of the
prosecutrix was about 17 years at the time of incident. Learned
counsel for the appellant has further drawn attention of this Court
to the statement of prosecutrix PW1 who has deposed that she
went in the vehicle with present-appellant from Phalodi to Delhi
and stayed there for about 10-11 days. The prosecutrix has also
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said that they went to the market to purchase new clothes,
though by force. Learned counsel for the appellant further states
that the appellant is a young boy aged 22 years.
Learned P.P. 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.
605/2019 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 25.04.2019 in Sessions Criminal Case No.11/2018
(26/2016) against applicant-appellant Manish Kumar S/o Viri
Singh @ Vire Singh 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-
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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
68-Sphophaliya/Jitender/-
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