Ronak @ Roshan vs State Of Rajasthan
2022 Latest Caselaw 10293 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc. Appli No. 242/2022

Ronak @ Roshan S/o Shri Nanku @ Nank Lal, Aged About 25
Years, By Caste Goyka Pargi, R/o Goyka Pargi, Police Station
Sajjangarh, District Banswara. (At Present Lodged In Central Jail
Udaipur).
                                                                      ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. Parikshit Nayak
For Respondent(s)          :     Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

05/08/2022

     The matter comes up on an application seeking correction in

the order dated 27.07.2022 passed by this Court.

     For the reasons mentioned in the application, the same is

allowed.

     The aforementioned order dated 27.07.2022 passed by this

Court is substituted by the following order:


     "Learned counsel for the appellant has drawn attention
     of this Court to the statement of PW-2 i.e. prosecutrix,
     though she has alleged prolonged rape but at the same
     time she has also narrated the same on being pretext
     of promise to marry. The prosecutrix and the appellant
     knew each other well before the incident.
            Learned     Public      Prosecutor         has        opposed   the
     application.
            Heard learned counsel for the parties and perused
     the material available on record.

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      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, the present suspension of sentence
application 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 11.10.2018 in Sessions
Case No.33/2018 against applicant-appellant Ronak @
Roshan S/o Nanku @ Nanak 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 30.08.2022 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

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                                        not appear before the trial court, the learned trial
                                        Judge shall report the matter to the High Court for
                                        cancellation of bail."

                                        The aforementioned order dated 27.07.2022 shall be read

                                   accordingly.

                                                                (DR.PUSHPENDRA SINGH BHATI), J.

226-Zeeshan

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