Rajasthan High Court - Jodhpur
Rohitash @ Rohit @ Rohit Giri vs State Of Rajasthan on 3 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 670/2022
Rohitash @ Rohit @ Rohit Giri S/o Sh. Shyam Giri, Aged About
28 Years, B/c Goswami, R/o Village Ramnagar, Ghaghriya, Ps
Machhali Sahar, District Jaupur (Up) (At Present Lodged In
Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vinay Mathur for
Mr. Pradeep Shah
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/08/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.670/2022.
Counsel for the appellant has drawn attention of this Court to
statement of prosecutrix (i.e.PW-18), which indicates that the
prosecutrix and the appellant alongwith other persons travelled
from Jalore to Bhinmal. Thereafter in train they went to Palanpur
and from Palanpur they went to U.P. From there, they went to
Fatehpur and from Fatehpur they went to Lucknow therefrom they
went to Barabanki, where they were caught by the police.
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(2 of 3) [SOSA-670/2022]
Although allegation of rape have been made by the
prosecutrix but there is a reflection of her consensually going with
the present appellant.
Counsel for the appellant also submits that the appellant has
undergone custody of about six years and the hearing of appeal is
likely to take a long time, thus, prayed to suspend the sentence.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Rohitash @ Rohit @ Rohit Giri S/o Sh. Shyam
Giri by the learned Special Judge, POCSO Act Cases, Jalore vide
judgment dated 28.05.2019 in Sessions Case No.5/2018 (CIS
No.5/2018) shall remain suspended till final disposal of aforesaid
appeal provided he executes a personal bond for a sum of
Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of learned trial court for his
appearance before this Court on 15.09.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/their changed
address to the trial court as well as to the counsel in the
High Court.
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(3 of 3) [SOSA-670/2022]
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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-applicant(s) 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.
126-Sanjay/-
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