Rajasthan High Court - Jodhpur
Ashu John vs State Of Rajasthan on 27 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 705/2020
Ashu John S/o Shri Vikram John @ Bunty, Aged About 23 Years,
B/c Christian, R/o Street No 1, Ghanchi Colony, P.s. Shastri
Nagar, Jodhpur. (At present lodged in Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Farzand Ali GA cum AAG a/w Mr.
M.S. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/07/2021
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 appellant submits that the appellant
has already undergone imprisonment of more than 6 years. He
further submits that the age of the appellant was 23 years at the
relevant time.
Learned counsel for the appellant has taken this Court to the
statement of PW-3 prosecutrix as well as the statement of PW-7
father of the prosecutrix.
Learned counsel for the appellant further submits that the
prosecutrix though only of 16 years of age but has admitted that
they went Jodhpur to Delhi in a public transport and where
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travelled in a metro trains, which were crowded and occupied by
public. Thereafter, they travelled from Delhi to Jaipur in a public
transport, which was occupied by public at large. The statement of
the prosecutrix also indicates that from Jaipur, they went to Goa in
a train and they stayed in Goa in the premises in question and
prosecutrix and the appellant lived alone for some time and the
appellant used to go for work and prosecutrix used to cook food
for the appellant and premises in question were not locked from
outside.
Learned Public Prosecutor has opposed the application.
Looking into the conjoint fact of six years of custody as well
as statement of the prosecutrix, this Court is inclined to allow the
application of suspension of sentence.
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, the present application for suspension of
sentence 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 05.02.2019 in Sessions Case No.157/2018
against applicant-appellant Ashu John S/o Shri Vikram John @
Bunty 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 27.08.2021 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
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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
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.
83-Sudheer/-
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