Sheru Banzara vs State Of Rajasthan
2022 Latest Caselaw 9653 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 815/2021

Sheru Banzara S/o Shri Shanker Lal Banzara, Aged About 20
Years, Tarjella, Bhadesar Police Station, Dist. Chittorgarh.
(Lodged In District Jail, Rajsamand).
                                                                     ----Petitioner
                                    Versus
State Of Rajasthan
                                                                   ----Respondent


For Petitioner(s)         :    Mr. JVS Deora
For Respondent(s)         :    Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

25/07/2022

     Heard learned counsel for the parties.

     Learned    counsel       for   the     appellant           submits     that   the

prosecutrix was 85 years of age. Learned counsel further submits

that the initial allegation did not include allegation of rape.

Learned counsel also submits that the petitioner is in custody

since 02.08.2018. Learned counsel further submits that the

prosecutrix   was   not    examined         as     she     expired        before   her

statement.

     Learned   Public     Prosecutor        opposes         the     suspension      of

sentence application.

     This Court, on conjointly looking into the fact that the

prosecutrix could not be examined; the age of the prosecutrix was

85 years; and the initial version slightly doubtful, deems it just

and proper to suspend the substantive sentence awarded to the

accused applicant-appellant.




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                                                                                (2 of 2)                [SOSA-815/2021]


                                        Accordingly, this suspension of sentence application 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 07.09.2021 in Sessions Case No.10/2018 against appellant-

                                   Sheru Banzara S/o Shri Shanker Lal Banzara 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 29.08.2022 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.

                                        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.

107-Zeeshan

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