Rajasthan High Court - Jodhpur
Raju @ Jakir vs State Of Rajasthan on 4 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-859/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 859/2021
Raju @ Jakir S/o Sattar Khan Sizgar (Pathan), Aged About 41
Years, Kharwa Kalla, P.s. Taal, Dist. Ratlam (Mp), At Present R/o
Tenant Of Mazid Chachas House, P.s. Chimanganj Mandi, Agar
Road Atirikt Vishwa Bank Colony, Dist. Ujjain (Mp). (At Present
Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajendra Charan
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant has drawn attention of this Court to
statement of PW-3 i.e. the prosecutrix, in which, the allegations
are consistent that sexual relationship were established on the
pretext of marriage. The appellant called the prosecutrix at Ujjain
and their also the same act was repeated. The prosecutrix claims
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herself to be married but has divorced her husband prior to the
incident.
Learned Public Prosecutor opposed the application.
This Court looking into the fact that the prosecutrix is a
major and previously married lady and has herself deposed of
having prolonged relationship, which began three years ago and
that constitute the basis of allegation of rape on false promise to
marry, do not induce confidence of this Court for continuing
custody of the appellant at this stage.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for Suspension of Sentence
No.859/2021 is allowed and it is directed that the sentences
awarded to appellant/s - Raju @ Jakir S/o Sattar Khan Sizgar
by the learned Special Judge, POCSO Act Cases No.2, Bhilwara
vide judgment dated 03.12.2021 in Sessions Case No.139/2020
(85/2017) shall remain suspended till final disposal of aforesaid
appeal provided he executes a personal bond for a sum of
Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
his appearance before this Court on 12.04.2022 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
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(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/their changed
address to the trial court as well as to the counsel in the
High Court.
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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-applicant(s) 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.
106-nirmala/Sanjay
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