Rajasthan High Court - Jodhpur
Mayank 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. 348/2022
Mayank S/o Ashish, Aged About 20 Years, R/o Rohanwada,
Dungarpur Sadar Police Station, Dungarpur, District Dungarpur.
(Confined In Children Home, Rajsamand)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kum Sarika D/o Dinesh Ahari, B/c Meena R/o Rohanwada
Khas Dungarur Sadar Ps Dungarpur Dist. Dungarpur
----Respondents
For Petitioner(s) : Mr. JVS Deora
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 counsel for the appellant has taken this Court
towards the depositions of PW-1, the grandmother, who has
turned hostile; PW-2, the prosecutrix, who has turned hostile; PW-
3, the father, who has turned hostile; PW-4, the brother, who has
turned hostile and PW-5, the uncle, who has turned hostile.
Learned counsel further submits that the appellant himself was of
17 years of age at the time of alleged incident and was tried by
the Children's Court. Learned counsel also submits that the final
hearing of the appeal is likely to take some time.
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Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, upon considering the submissions made by
learned counsel for the appellant as well as the fact that there are
no injuries on the internal or external parts of the body of the
prosecutrix, 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 21.02.2022 in Sessions Case
No.28/2020 against applicant-appellant Mayank S/o Ashish 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 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
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accused-appellant(s) 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(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.
143-Zeeshan
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