Rajasthan High Court - Jodhpur
Ronak @ Roshan vs State Of Rajasthan on 27 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [SOSA-643/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 643/2022
Ronak @ Roshan S/o Nanku @ Nanak Lal, Aged About 25 Years,
By Caste Garasiya Aadiwasi, R/o Goyka Pargi, Police Station
Sajjangarh, District Bhilwara. (At Present Lodged In District Jail
Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Parikshit Nayak
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/07/2022
Learned counsel for the appellant has drawn attention of this
Court to the statement of PW-2 i.e. prosecutrix, though she has
alleged prolonged rape but at the same time she has also narrated
the same on being pretext of promise to marry. The prosecutrix
and the appellant knew each other well before the incident.
Learned Public Prosecutor has opposed the application.
Heard learned counsel for the parties and perused the
material available on record.
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 11.10.2018 in Sessions Case No.33/2016 against applicant-
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(2 of 2) [SOSA-643/2022]
appellant Ronak @ Roshan S/o Nanku @ Nanak 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 30.08.2022
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.
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.
129-Jitender/nirmala
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