Rajasthan High Court - Jodhpur
Dinesh @ Madan Lal vs State Of Rajasthan on 25 June, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 248/2021
Dinesh @ Madan Lal S/o Sohan Lal, Aged About 21 Years, B/c
Lohar, R/o Kharnota, P.s. Charbhuja, Dist. Rajsamand. (At
Present Lodged In Central Jail, Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Hasti Mal Saraswat on VC
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE)
Order
25/06/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
sole respondent - State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Criminal
Misc. Application for Suspension of Sentence (Appeal)
No.219/2021.
Learned counsel for the accused-applicant/appellant submits
that the accused-applicant/appellant was on bail during trial.
Learned counsel further submits that the age of the prosecutrix is
near about 17 years.
(2 of 3) [CRLAS-248/2021]
Learned counsel for the accused-applicant/appellant has
drawn the attention of this Court towards para 32 of the impugned
judgment and order dated 04.02.2021, which reads as under :-
"32- ;gkW ;g mYys[kuh; gS fd vkjksih ds ;fn mijksDr cpko dks lgh eku Hkh
ysrs gS] tks T;knk ls T;knk ihfM+rk dks vkjksih Lo;a ihfM+rk dh ethZ ls ysdj
x;k] ;g rF; blls izdV gksrk gS fd ihfM+rk us dgh ij Hkh gksVy eas] jkLrs esa]
C;koj eas dejs ij] C;koj ls okfil vkus ds nkSjku dksbZ fojks/k ugh fd;k vkSj u
gh ihfM+rk fp[kh o fpYyk;h rFkk ihfM+rk us dgh ij mlds csgks"k gksus dk
dFku fd;k rFkk dgh ij mlus csgks"k gksus tSlh fLFkfr gksus dk dFku fd;k gSa
ysfdu ;g rF; gh ;g n"kkZrs gS fd vkjksih] ihfM+rk dks jtkeanh ls ysdj x;k
Fkk ysfdu ;g rF; Hkh Li'V vkSj Lohd`r gS fd ihfM+rk cjoDr ?kVuk vO;Ld
gS vkSj vO;Ld ihfM+rk dks vkjksih ds ys tkus esa vO;Ld ihfM+rk dh lgefr
dksbZ ek;us ugha j[kh gSA"
Learned Public Prosecutor opposes 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, S.B. Criminal Misc. Application for
Suspension of Sentence (Appeal) No.219/2021 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
04.02.2021 in Session Case No.152/2018 against accused-
applicant/appellant Dinesh @ Madan Lal S/o Sohan 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
(3 of 3) [CRLAS-248/2021]
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
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), VJ.
41-Skant/-Sudheer/-
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