Rajasthan High Court - Jodhpur
Giriraj Alias Deepak vs State Of Rajasthan on 26 May, 2022
Bench: Pushpendra Singh Judge)
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 350/2022
Giriraj Alias Deepak S/o Shri Mohanlal, Aged About 25 Years, B/c
Meena, R/o Ward No. 14, Julmi Road, H.s. Colony, Ramganj
Mandi, Police Station Kotwali, Ramganj Mandi, District Kota
(Rajasthan) (At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bhim Singh S/o Mojji Ram, R/o 126 A Jakhar Colony Ps
Jawar Nagar Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. K.V. Vyas
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
Heard learned counsel for the parties and perused the
material available on record.
Learned Public Prosecutor submits that the information was
sent on WhatsApp and has been seen by the respondent.
Learned counsel for the appellant has drawn the attention of
this Court towards the Exhibit P-13, which is the statement
rendered by the prosecutrix under Section 164 of Cr.P.C. and also
taken this Court to the cross examination of the prosecutrix, made
as PW-9.
Learned Public Prosecutor has opposed the application.
This Court, on seeing the Exhibit P-13, in which, the
prosecutrix has deposed before the learned trial court that she
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was in love with the boy and wanted to be in relationship with him
with her own consent; and there are no aggravating medical facts,
is inclined to suspend the substantive sentence awarded to the
accused-appellant.
Accordingly, this Suspension of Sentence Application is
allowed and it is ordered that the substantive sentence passed by
the trial court vide judgment dated 16.03.2022 in Sessions Case
No.28/2018 against applicant-appellant Giriraj alias Deepak S/o
Shri Mohanlal 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 05.07.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That she/he/they will appear before the trial Court
in the month of January of every year till the
appeal is decided.
2. That if the appellant/appellants changes the place
of residence, he/they/she will give in writing
her/his/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,
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(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellant(s) was tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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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(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.
144-Zeeshan
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