Rajasthan High Court - Jodhpur
Papu Khan Alias Bhaphu Khan vs State Of Rajasthan on 1 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 897/2022
Papu Khan Alias Bhaphu Khan S/o Barkat Khan, Aged About 22
Years, R/o Chotila Ps Rohat Dist. Pali Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bajrang Singh
For Respondent(s) : Mr. Salim Khan Mehar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/11/2022
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the appellant
is a young boy of 22 years of age. He further submits that the age
of the prosecutrix conclusively arrived at by the learned trial court
is above 17 years.
Learned counsel has drawn attention of this Court towards
the statement rendered by the prosecutrix under Section 164
Cr.P.C., in which, no rape has been alleged. Learned counsel also
submits that the medical examination also does not indicate any
forceful sexual assault.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, upon considering the submissions made by
learned counsel for the appellant, while perusing the statement
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rendered by the prosecutrix and looking at the young age of the
accused-appellant, is inclined to suspend the substantive sentence
awarded to the 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 16.06.2022 in Sessions Case No.66/2020 against
appellant Papu Khan Alias Bhaphu Khan S/o Barkat Khan
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 02.12.2022
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
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
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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.
136-Zeeshan
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