Rajasthan High Court - Jodhpur
Pappu Lal vs State on 16 July, 2021
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-88/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 88/2021
Pappu Lal S/o Sh. Jamna Lal Chamar Irwal, Aged About 23
Years, R/o Maharaj Ka Mandfiya, Police Station Gangrar, Dist.
Chittorgarh (Raj.). (Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Kuldeep Sharma on VC
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/07/2021
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.
Learned counsel for the petitioner submits that the age of
the prosecutrix is 17 years and petitioner is 23 years old young
boy. Learned counsel for the petitioner further submits that it was
alleged in the report by the family member that the prosecutrix
had enticed by the present petitioner.
Learned counsel for the petitioner also submits that in the
deposition, the prosecutrix PW-2 stated that she knew the present
petitioner and they went together on motor-cycle from home of
the prosecutrix from where, she was taken to Bhilwara and they
stayed there, although the allegation of rape has also been
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levelled. Thereafter, they were apprehended from Bhilwara bus
stand by the police on the report of the father.
Learned counsel for the petitioner further submits that
prosecutrix has also admitted that she knew the petitioner for last
more than one year. The prosecutrix has also stated in her
deposition that she did not raise any protest at public place where
they went. The prosecutrix has also admitted in her deposition
that she left the house with Pappu without informing anyone at
home, though all along, she has also alleged commission of rape.
This Court heard learned counsel for the parties and perused
the material available on record.
Learned Public Prosecutor has opposed the application.
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, this criminal misc. Suspension of Sentence
application 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 15.12.2020 in Sessions Case No.31/2018 against
applicant-appellant Pappu Lal S/o Sh. Jamna Lal Chamar
Irwal 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 20.08.2021 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
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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
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.
74-Sudheer/-
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