Rajasthan High Court - Jodhpur
Govind vs State Of Rajasthan on 15 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 251/2021
Govind S/o Sh. Mangi Lal, Aged About 35 Years, R/o Village
Narlai, P.s. Desuri, Dist. Pali (Raj.). (Presently Lodged In Central
Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Farzand Ali, GA cum AAG assisted
by Mr. Anda Ram Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/07/2021
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.
Learned counsel for the appellant submits that the
prosecutrix is a major lady and lived with the appellant for a
longtime. Learned counsel further submits that the prosecutrix
was pregnant, though there are allegations of rape against two
persons, out of them, one has been exonerated by the court.
Learned GA cum AAG along with Public Prosecutor opposes
the suspension of sentence application.
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This Court, upon considering the submissions made by
learned counsel for the appellant, is inclined to suspend the
substantive sentence awarded to the accused-appellant.
Accordingly, this S.B. Suspension of Sentence Application
(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 22.02.2021 in Sessions Case No.22/2014 against
appellant Govind S/o Shri Mangi Lal 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 16.08.2021 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
be placed in that file for ready reference. Criminal Misc. file shall
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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.
56-Zeeshan
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