Rajasthan High Court - Jodhpur
Siraj Aka Abdul Mister vs State Of Rajasthan on 29 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 61/2022
IN
S.B. Criminal Appeal No.102/2022
Siraj Aka Abdul Mister S/o Sh. Mut-Ur-Rahman, Aged About 26
Years, Bhagawanpur, P.s. Harishchandarpur, Dist. Malda (West
Bengal). (Presently Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. BS Rathore
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/03/2022
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Heard learned counsel for the parties.
Learned counsel for the appellant has drawn attention of this
Court to para-33 of impugned order, in which, the learned court
below has arrived at a conclusion that the prosecutrix was major.
Counsel for the appellant has further drawn attention of this
Court to the statement of prosecutrix, in which, she admitted that
the appellant and prosecutrix were known to each other as they
were used to work as labour together and used to talk frequently.
The stand of the prosecutrix is that the accused used to ask her to
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go out but she refused. On one night he called her and fed her
some 'laddus;, which were laced with intoxicant and she went
alongwith him. They went to Junagarh and from there, they went
to Ajmer in bus.
Counsel for the appellant has also drawn attention of this
Court to the custody certificate issued by Jail Authorities, in which,
it is stated that appellant has completed custody of 06 years and
above 3 months.
Learned Public Prosecutor opposes the application.
This Court on conjoint consideration of custody period of 06
years and 03 months; prosecutrix being a major; no aggravated
sexual assault pointed out; initially consent indicated; no injuries
and the fact that the trial of case is likely to take long time, is
inclined to suspend the sentence.
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 accused 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 17.12.2021 in Sessions Case No.142/2018 (CIS
No.76/2018) against appellant Siraj Aka Abdul Mister S/o Sh.
Mut-Ur-Rahman 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 10.05.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
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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.
130-nirmala/-
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