Rajesh Mahawar S/O Kaluram ... vs State Of Rajasthan
2022 Latest Caselaw 5720 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
    S.B. Criminal Misc. Suspension of Sentence Application No.
                                 597/2021
                                       IN

               S.B. Criminal Appeal No. 1093/2021

Rajesh Mahawar S/o Kaluram Mahawar, R/o B-604, Jayanti
Nagar, Agra Road, P.S. Kanota, Jaipur.
 (At Present Confined In Central Jail, Jaipur)
                                                                    ----Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Appellant(s) : Mr. Rajneesh Gupta, Adv. For Respondent(s) : Mr. Atul Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/08/2022

Learned counsel for the appellant has pointed out from the

judgment and record that appellant has been falsely implicated in

the present case and he is in judicial custody since long. Learned

counsel for the appellant submits that according to the impugned

judgment, the present petitioner has been acquitted from the

offence under Section 366 IPC and has been convicted under

Section 376(2)(f) & Section 342 IPC.

Learned Public Prosecutor opposes the Suspension of

Sentence application.

Heard learned counsel for the parties and perused the record

of the case.

(2 of 3) [SOSA - 597/2021]

Since, the appellant is in custody since long and final

adjudication of the present appeal is likely to take time, without

going into the merits/demerits of the case, this Court deems it

appropriate to grant the suspension of sentence.

Accordingly, the present Suspension of Sentence application

is allowed and it is ordered that the substantive sentence passed

by the trial court vide judgment dated 09.07.2021 in Sessions

Case No.31/2020 against appellant- Rajesh Mahawar S/o

Kaluram Mahawar 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 22.09.2022 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

(3 of 3) [SOSA - 597/2021]

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 this Court for

cancellation of bail.

(KULDEEP MATHUR),J

53 - Ravi Khandelwal

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