Rajasthan High Court - Jodhpur
Mahaveer Prasad vs State Of Rajasthan on 25 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 376/2021
Mahaveer Prasad S/o Sh. Birbal Ram, Aged About 50 Years, By
Caste Bawari, R/o Chak 01, K.j.d. Police Station Khajuwala,
District Bikaner (Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. K.R. Saharan.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Bhanwar Lal Swami.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/08/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.621/2022.
Learned counsel for the appellant has pointed out that the
independent witnesses particularly, PW-5 Sewa Ram, PW7-
Bhagirath and PW-8, Badri Ram have turned hostile. Learned
counsel further submits that neither there was any brutality nor
any kind of injuries.
Learned counsel for the appellant also submits that the
medical report does not indicate any immediate sexual assault.
Learned counsel submits that the appellant is in custody since
about five years and six months.
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Learned Public Prosecutor as well as learned counsel for the
respondent opposes the suspension of sentence application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
621/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 04.02.2020 in Session Case No.124/2018
(CIS No.53/2018) against appellant- Mahaveer Prasad S/o Sh.
Birbal Ram shall remain suspended till final disposal of the
aforesaid appeal, provided he executes a personal bond in a 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 28.09.2022 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, they 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
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accused appellant do 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.
8-/Jitender/Nirmala/-
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