Rajasthan High Court - Jodhpur
Pankaj Suthar vs State Of Rajasthan on 26 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 335/2022
Pankaj Suthar S/o Mangilal Suthar, Aged About 30 Years, R/o
Mithai Bajar, Chittorgarh, Presently Residing At Near Ramkui,
Gandhinagar, P.s. Chittorgarh, Dist. Chittorgarh. (Presently
Lodged At Dist. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Umesh Kant Vyas
For Respondent(s) : Mr. S.S. Rajpurohit 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.
Heard learned counsel for the parties.
Learned counsel for the applicant/appellant has drawn the
attention of this court towards Exhibit D-2 which is statement of
the girl, who is major, as per which, when she was recovered in
pursuance of the missing person's report on 12.07.2016, she had
deposed that she had gone with her friend (the present applicant/
appellant) after calling him on phone; she has also deposed that
she was in mental tension, and therefore, she went with the
present applicant/appellant.
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Learned counsel for the applicant/appellant submits that
Ex.D-5, D-6, D-7, D-8, D-9 & D-10 are intimate pictures of the
prosecutrix and the present applicant/appellant.
Learned Public Prosecutor opposes the application.
Having considered the totality of facts and circumstances of
the case and taking into consideration the aforementioned factual
submissions made on behalf of the applicant/appellant, this Court
deems it just and proper to suspend the substantive sentence
awarded to the accused applicant-appellant.
Accordingly, this Suspension of Sentence Application filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by learned trial court vide judgment
dated 06.10.2021 in Sessions Case No.05/2017 (5/2017) against
applicant/appellant- Pankaj Suthar S/o Mangilal Suthar 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
26.05.2022 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,
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.
165-SKant/-
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