Mani Lal vs State Of Rajasthan
2022 Latest Caselaw 8364 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                   S.B. Criminal Appeal No. 627/2022

Mani Lal S/o Sh. Lakhama, Aged About 26 Years, B/c Paragi, R/o
Village Goran, P.s. Jhadol, Dist. Udaipur (Raj.). (Presently
Lodged In Central Jail, Udaipur).
                                                                       ----Appellant
                                     Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)           :     Mr. Shambhoo Singh Rathore
For Respondent(s)          :     Mr. Gaurav Singh, PP
                                 Mr. Dashrath Singh Rathore



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

28/06/2022

     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice 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.395/2022.

     Learned   counsel         for    the     appellant           submits   that   the

prosecutrix is a married lady and there is no sign of any kind of

brutality on the part of the appellant and resistance on the part of

the prosecutrix.

     Learned counsel representing the prosecutrix, her husband

and mother-in-law and does not oppose 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.

395/2022 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         29.04.2022           in   Special         Session      Case

No.146/2020 against appellant- Mani Lal S/o Shri Lakhama

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

28.07.2022 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


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                                   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.

17-Zeeshan

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