Rajasthan High Court - Jodhpur
Satya Prakash vs State Of Rajasthan on 26 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-241/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 241/2022
Satya Prakash S/o Sh. Prem Chouhan, Aged About 23 Years,
3/285, Mukta Prasad Colony, P.s. Naya Sahar Bikaner (Raj.).
(Presently Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajeev Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, 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
himself is a young boy and the age of the prosecutrix is below 18
years. Learned counsel for the appellant submits that the
appellant has already undergone the custody of four years, one
month and ten days.
Learned counsel for the appellant further submits that the
allegation is that the prosecutrix has consistently alleged that she
was taken from Bikaner to Jaipur and from Jaipur to Amritsar in a
public transport.
(Downloaded on 28/04/2022 at 08:42:55 PM)
(2 of 3) [SOSA-241/2022]
Learned Public Prosecutor opposes the suspension of
sentence application.
Looking into the age of the appellant; the travelling details of
the parties; the custody period of four years, one month and ten
days; the age of the prosecutrix being above 16 years and also
the fact that no brutality is on record, is inclined to suspend the
sentence application 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, this S.B. Suspension of Sentence Application
(Appeal) 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 25.03.2021 in Sessions Case No.10/2018 (CIS
No.10/2018) against appellant Satya Prakash S/o Sh. Prem
Chouhan 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 30.05.2022 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,
(Downloaded on 28/04/2022 at 08:42:55 PM)
(3 of 3) [SOSA-241/2022]
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.
97-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
