Rajasthan High Court - Jodhpur
Manish @ Pintu vs State Of Rajasthan on 28 March, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 121/2022
Manish @ Pintu S/o Shri Kewal Ram, Aged About 22 Years, B/c
Brahmin, R/o Bhalurata, Dechu Police Station, District Jodhpur,
At Present R/o House No. 2/1295, Kuri Bhagtasni Housing Board,
Jodhpur, District Jodhpur Metro. (Lodged In Central Jail,
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/03/2022
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.
Learned counsel for the appellant has drawn attention of this
Court towards the post-mortem report, which does not indicate
any injury upon the deceased.
Learned counsel for the appellant submits that the marriage
was happened in a very young age and unfortunately, the death of
the wife of the appellant occurred, however, he has drawn
attention of this Court towards the statement of the PW-9, the
mother of the deceased, in which, she has admitted that the
present appellant had not directly asked her for any dowry, though
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she has stated that other family members of the appellant were
pressurizing for dowry. Learned counsel for the appellant has also
drawn attention of this Court to the fact that the appellant is in
custody for last about four years and six months.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court on conjoint reading of the statement of the PW-9,
particularly, the cross-examination pertaining to the present
appellant as well as the custody period, is inclined to suspend the
sentence of the present appellant.
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, this S.B. Suspension of Sentence Application
(Appeal) 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 30.10.2021 in Sessions Case No.62/2017 against
appellant Manish @ Pintu S/o Shri Kewal Ram 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 28.04.2022 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, he will give in writing his changed
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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-Sudheer/-
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