Rajasthan High Court - Jodhpur
Shalander Kumar vs State Of Rajasthan on 7 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-567/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 567/2022
Shalander Kumar @ Dhoni S/o Brij Lal, Aged About 28 Years, R/o
Dhabha Jhalar Tehsil Suratgarh, District Sri Ganganagar (Raj.)
(At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. S D/o Krishan Lal, Minor Through Her Father Krishan Lal
S/o Tulcha Ram R/o 39 Lnp Ps - Ghamoorwali, Tehsil
Padampur Distirct Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. RS Gill
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/07/2022
Learned counsel for the appellant has drawn attention of this
Court towards the conclusion of the charge-sheet.
Learned counsel for the appellant submits that consistently
the girl levelled allegations of using force upon three persons, but
the investigation has found the case of force and rape only against
one person i.e. the present petitioner.
Learned Public Prosecutor has opposed the application.
Heard learned counsel for the parties and perused the
material available on record.
The testimony of the prosecutrix to the extent of allegations
against three persons as well as her being taken away from
between the family members at night collapses on the face of it.
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(2 of 3) [SOSA-567/2022]
The medical report do not indicate any brutality or injuries and the
reflection of consent is there in record.
Thus, 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 22.04.2022 in Sessions Case No.151/21 against applicant-
appellant Shalander Kumar @ Dhoni S/o Brij 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 08.08.2022 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.
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(3 of 3) [SOSA-567/2022]
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 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.
182-Sudheer/-
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