Rajasthan High Court - Jodhpur
Raju vs State on 12 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 243/2021
Raju S/o Ladu Jat, Aged About 24 Years, R/o Jato Ka Mohalla,
Kabradiya P.s. Kareda, Dist. Bhilwara (At Present Lodged In Dist.
Jail, Bhilwara).
----Appellant
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. Mahipal Bishnoi PP
Mr. R.S. Chundawat
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/07/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Heard learned counsel for the parties and perused the
record.
In Appeal :
Admit.
In SOS(A) No.218/2021:
Learned counsel for the accused applicant-appellant submits
the accused applicant-appellant was on bail during trial.
Learned P.P. opposes the suspension of sentence of the
appellant.
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(2 of 3) [CRLAS-243/2021]
On a bare reading of the statements under Section 164
Cr.P.C. and the statement rendered before the learned trial court
by the prosecutrix, the voluntary relationship is reflected.
Thus, 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. Criminal Misc. Suspension of Sentence
Application No. 218/2021 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 25.02.2021 in Sessions Case
No.05/2020 (04/2020) against applicant-appellant Raju S/o
Ladu Jat 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 12.08.2021 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-
appellant was tried and convicted. A copy of this order shall also
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(3 of 3) [CRLAS-243/2021]
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.
1-SKant/-
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