Rajasthan High Court - Jodhpur
Radheshyam Nayak vs State on 13 January, 2021
(1 of 3) [SOSA-222/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 222/2020
Radhe Shyam Nayak S/o Shri Prem Chand Nayak, Aged About 21
Years, B/c Nayak, R/o Uthel P.S. Nikumbh, District Chittorgarh.
(At Present Lodged In Central Jail, Udaipur)
----Appellant
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Gaurav Singh, PP assisted by
Mr. Avinash Godara
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/01/2021
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 has shown the statement
of the prosecutrix rendered before the learned trial court. Counsel
for the appellant submits that the prosecutrix has deposed that
she was called by the appellant for taking her out. The prosecutrix
further deposed that trusting the appellant, she went with him.
The prosecutrix has thereafter, submitted that from Badi Sadri
Ratanpur, they went to Bombay, they stayed in Bombay for five
days, and thereafter, when they returned back and were on
Nikumb Chouraha, they were caught by the police.
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Learned counsel for the appellant further submits that
travelling from these places, which are hundreds of kilometers
apart on public places in public view by a public vehicle, cannot be
said to be a trustworthy evidence for convicting the present
accused-appellant. Counsel for the appellant also submits that the
appellant is young boy of 21 years of age.
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 and looking at the young age of the
accused-appellant, is inclined to suspend the substantive sentence
awarded to the accused-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.222/2020 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 08.10.2018 in Sessions Case No.194/2016
against appellant Radhe Shyam Nayak S/o Shri Prem Chand
Nayak 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 15.02.2021 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
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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,
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.
34-Zeeshan/-
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