Kalu @ Shailendra Kumar vs State Of Rajasthan
2022 Latest Caselaw 9002 Raj

                                       (1 of 3)                      [CRLAS-782/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 782/2022

Kalu @ Shailendra Kumar S/o Sh. Raju @ Rajkumar, Aged About
28 Years, W.no. 03, Sadulshahar, P.s. Sadulshahar, Dist. Sri
Ganganagar,     Raj.     (At      Present         Lodged        In     Dist.   Jail,
Hanumangarh).
                                                                      ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)         :     Mr. Vinod Choudhary
For Respondent(s)        :     Mr. Laxman Solanki, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

11/07/2022
     Admit.

     Since the learned Public Prosecutor already appearing 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.487/2022.

     Learned counsel for the appellant has shown the statement

of PW-1-prosecutrix, in which, though there are allegation of rape,

but she admits that she went with the appellant to Ganganagar,

and from Ganganagar, they went by train to Suratgarh, and from

Suratgarh, they went to Bombay, and from Bombay, they again

came back to Hanumangarh.

     Learned   Public    Prosecutor         opposes         the      suspension   of

sentence application.



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                                          (2 of 3)                       [CRLAS-782/2022]


     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.

487/2022 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 23.05.2022 in Session Case No.173/2018

(CIS No.190/2018) against appellant- Kalu @ Shailendra Kumar

S/o Sh. Raju @ Rajkumar 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 16.08.2022 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, 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.




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                                                                               (3 of 3)                 [CRLAS-782/2022]


                                         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 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.

177-Sudheer/-

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