Rajasthan High Court - Jodhpur
Rajinder Singh @ Rajendra Singh @ ... vs State on 28 January, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 773/2020
Rajinder Singh @ Rajendra Singh @ Raju S/o Shri Jagpal Singh,
Aged About 28 Years, R/o 2 KM, Dabbar, Police Station
Gharshanan, District Sri Ganganagar (Raj.). (Presently Lodged
At Central Jail Udaipur).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kuldeep Purohit with Dr. Akshay
Shukla
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/01/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties.
Learned counsel for the appellant submits that as per the
deposition of the parents of the prosecutrix, the age of the
prosecutrix was above 18 years at the time of incident. Counsel
for the petitioner further submits that PW-2, the prosecutrix, has
deposed that she met with the appellant on count of getting a job
in movie (film industry). The prosecutrix has further deposed that
she was taken to the courts at Jodhpur and her marksheet,
Aadhar Card and other documents were taken for getting her
married with the appellant although force and rape is also all
(2 of 3) [SOSA-773/2020]
along alleged. It is also alleged that a protection petition was filed
before this Court and protection was granted by this Court.
Counsel for the appellant also points out that a Habeas
Corpus petition has been filed and the prosecutrix not willing to go
with the parents and being minor was sent to the Balika Grah.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, upon considering the submissions made by
learned counsel for the appellant, while perusing the statement
rendered by the prosecutrix, is inclined to suspend the substantive
sentence awarded to the accused-appellant.
Accordingly, this S.B. Suspension of Sentence (Appeal) 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 05.03.2020 in Special Sessions Case No.73/2019 against
appellant Rajinder Singh @ Rajendra Singh @ Raju S/o Shri
Jagpal 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 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
in the High Court.
(3 of 3) [SOSA-773/2020]
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
89-Zeeshan
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