Rugga Ram Rugdev vs State Of Rajasthan
2021 Latest Caselaw 9513 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1096/2020

Rugga Ram Rugdev S/o Naina Ram, Aged About 30 Years, Garuo
Ka Bass, Village Dera, Dechu Police Station, Jodhpur, District
Jodhpur. (Lodged In Central Jail, Jodhpur).
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent


For Appellant(s)         :     Mr. Bhagirath Ray Bishnoi, on VC
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP
                               Mr. Shokat Ali, on VC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

21/05/2021
     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.

     Heard learned counsel for the parties and perused the

impugned order.

     Counsel for the appellant submits that there is inordinate

delay of four months in lodging the FIR has not been explained

anywhere. Counsel for the appellant further read over the

contradictions at various stages made by the prosecutrix.

     Counsel for the appellant submits that the maximum

sentence awarded is of ten years' rigorous imprisonment.                    He,

therefore, prays that the sentence awarded to the appellant may

kindly be suspended during pendency of appeal.

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      Learned Public Prosecutor has opposed the application.


     Having considered all the facts and circumstances of case,

without making any observation on the merits of case, we are

inclined to suspend the sentence of the appellant(s).

     Accordingly, S.B. Suspension of Sentence Application

No. 879/2020 filed under Sec.389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by learned Special

Judge POCSO Act Cases Jodhpur, District Jodhpur vide judgment

dated 16.10.2020 in Sessions Case No.60/2019 against appellant

Rugga Ram Rugdev S/o Naina Ram 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 07.07.2021 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.

75-/Jitender/Sanjay/-

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