Rajasthan High Court - Jodhpur
Laxman vs State Of Rajasthan on 13 July, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-435/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 435/2019
Laxman S/o Shri Ghisa Ram, By caste Meghwal, Aged About 23
Years, resident of Juni Endla, Police Station Guda Endla, District
Pali. [Lodged In District Jail Pali]
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. KL Chouhan
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/07/2021
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.
Counsel for the appellant has drawn attention of this Court to
the statement of prosecutrix (PW1).
The prosecutrix in her statement deposed that she is a
married girl and was brought up at her maternal grand-parent's
place wherefrom she was taken away by the present-appellant.
The prosecutrix further stated that from Endla they went to
Rani and from Rani they went to Falna and from Falna they took a
train to Bombay and from Bombay after staying for two days, they
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again took a train to Jodhpur. Thereafter, they again went to
Bombay in train.
The prosecutrix submits that out of fear she did not raise any
alarm and stated her aged be of 17 years.
Counsel for the appellant submits that the appellant is in
custody since 11.11.2016 and has already undergone the
sentence of about four and half years.
Learned P.P. opposes the bail application.
This Court on conjoint consideration of the statement made
by the prosecutrix (PW1) and also the custody undergone by the
present appellant, is inclined to suspend the sentence.
Accordingly, this application for suspension of sentence is
allowed and it is directed that the sentence awarded to appellant/s
- Laxman S/o Shri Ghisa Ram by the learned Special Judge,
POCSO Act Cases, No.3, Pali vide judgment dated 19.03.2019 in
Sessions Case No.169/2018 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 16.08.2021 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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
address to the trial court as well as to the counsel in the
High Court.
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(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.
78-Sanjay/jitender/-
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