Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan on 5 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 609/2022
Jitendra Singh S/o Sh. Keshar Singh, Aged About 23 Years, B/c
Rajpurohit, R/o Barloot, P.s. Barloot, Dist. Sirohi. (At Present
Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagat Dadhich
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/08/2022
Learned counsel for the appellant submits that as per the
statement rendered by PW-5 i.e. prosecutrix under Section 161 &
164 Cr.P.C., in which, prosecutrix has admitted that she was
having a love affair with the present appellant, in the allegation, it
is also there that there was a pretext of marriage.
Learned counsel for the appellant submits that upon conjoint
reading of the statements of Dr. Bhupendra Singh (PW-6) and Dr.
Meenal Aggarwal (PW-5), it clears that there were no injuries of
brutality in the allegations. Learned counsel also submits that the
appellant has already undergone custody of six years.
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.374(2) Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 13.05.2019 in Session Case No.300/2018 (CIS
No.300/2018) against applicant-appellant Jitendra Singh S/o
Sh. Keshar Singh 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 06.09.2022 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.
152-/Jitender/nirmala
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