Rajasthan High Court - Jodhpur
Kamlesh vs State Of Rajasthan on 26 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-751/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 751/2022
Kamlesh S/o Mana Ram, Aged About 23 Years, R/o Village Guda
Mangilian, Police Station Sadri, District Pali (Rajasthan).
Temporarily Residing At Behind The Khodia Balaji Temple, Police
Station Kotwali Pali, District Pali. (At Present Lodged At Central
Jail, Jodhpur)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Ratna Ram S/o Rana Ji Dewasi, R/o Village Punayata,
Tehsil And District Pali.
----Respondents
For Appellant(s) : Mr. Moti Singh.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/07/2022
Admit.
Issue notice to the respondent no.2 only, as learned Public
Prosecutor accepts notice on behalf of respondent No.1-State.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.468/2022.
Learned counsel for the appellant has drawn attention of this
Court to the statement of PW-1, who is the prosecutrix. The only
attribution to the present appellant is that he convinced her to go
on motorcycle with Vinod. The complete allegation of rape is upon
Vinod. Learned counsel, therefore, prays that the sentence of the
appellant be suspended during the pendency of the appeal.
Learned Public Prosecutor opposes the suspension of
sentence application.
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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.
468/2022 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 16.05.2022 in Criminal Case (CIS)
No.75/2020 against appellant - Kamlesh S/o Mana 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
26.08.2022 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
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trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
6-/Jitender/Nirmala/-
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