Rajasthan High Court - Jodhpur
Jagdish vs State on 29 January, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 3rd Bail Application (Suspension of Sentence)
No.271/2020
IN
S.B. Criminal Appeal No. 865/2017
Jagdish S/o Krishan Lal, By Caste Nayak, Resident Of Near
Hanuman Mandir, Nehra Nagar, Sri Ganganagar. At Present
Lodged In Central Jail, Sri Ganganagar.
----Appellant
Versus
The State Of Rajasthan.
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Sajjan Singh Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/01/2021
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
impugned order.
Counsel for the appellant has shown statement of prosecutrix
(PW-1), in which, the prosecutrix stated she was doing work of
labour whereas appellant was learning some work at the place.
The appellant repeatedly told that he was in love with her but she
used to refuse on the ground that she was engaged somewhere
else. Regular telephonic talks are reflected. In a conversation
with the mother of the appellant, the prosecutrix stated that she is
unable to carry on relationship because she is engaged
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somewhere else. They went to bus stand at Sri Ganganagar and
then travelled in a public transport to Rawatsar. Thereafter, they
remained together, although, the girl has alleges rape.
Counsel for the appellant submits that the appellant is in
custody since 13.02.2002 and has served more than 08 years of
custody, out of the total ten years sentence awarded.
Learned PP opposed the bail application in general.
Having considered all the facts and circumstances of case,
without making any observation on the merits of case, we are
inclined to suspend the sentence of the appellant(s).
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Jagdish S/o Krishan Lal by the learned Special
Judge, Protection of Children from Sexual Offence Act cases, Sri
Ganganagar by his judgment dated 24.04.2017 in Sessions Case
No.95/2016 (28/2016) shall remain suspended till final disposal of
aforesaid appeal provided he executes a personal bond for a sum
of Rs.50,000/- along with two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
his appearance before this Court on 25.02.2021 and whenever
called upon to do so till the disposal of the appeal on the
conditions indicated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/their changed
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address to the trial court as well as to the counsel in the
High Court.
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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-applicant(s) 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.
13-Sanjay/-
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