Lalit vs State Of Rajasthan
2021 Latest Caselaw 11851 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 428/2021

Lalit S/o Velji, Aged About 23 Years, R/o Paloda, P.s. Lohariya
Dist. Banswara, Rajasthan. (At Present Lodged In Banswara Jail).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. SK Verma
For Respondent(s)        :     Mr. Farzand Ali, AAG a/w Mr.Gaurav
                               Singh, PP


     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

29/07/2021
     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.

     Learned counsel for the appellant has drawn attention of this

Court to the trial Court statement rendered by the PW1-

prosecutrix wherein she has deposed that she stayed for 10 days

with the present appellant and thereafter, she ran away. The

prosecutrix has further stated that the appellant carried the

prosecutrix on a motor-cycle to the spot where they stayed for 10

days. The prosecutrix has admitted that the appellant was not

carrying any weapon and did not cause any hurt to her. The

prosecutrix also admits her signature on Exhibit-P1. Learned


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counsel for the appellant submits that the appellant was on bail

during trial.

      Learned AAG opposes the suspension of sentence of the

appellant.

      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. Suspension of Sentence (Appeal) No.

428/2021 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 16.04.2021 in Sessions Criminal Case No.94/2018

(CIS No.94/2018)       against applicant-appellant Lalit S/o Velji

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 02.09.2021

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-


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                                   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.

127-Sphophaliya/Jitender-

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