Rajasthan High Court - Jodhpur
Mahendra Singh vs State on 2 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 904/2021
Mahendra Singh S/o Kalu Singh, Aged About 23 Years, R/o
Village Mehrasar District Bikaner. (At Present Lodged In Central
Jail, Bikaner)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. S.K. Verma.
For Respondent(s) : Mr. M.S. Bhati, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/11/2022
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant-applicant submits that the
applicant-appellant has undergone custody of about five years,
five months and seven days. Learned counsel further submits
that the Investigating Officer has admitted in his deposition that
the applicant-appellant and the prosecutrix were studied at one
time in the same school. Learned counsel also submits that the
age of the applicant-appellant himself was 19 years at the time of
incident in question.
Learned counsel for the appellant-applicant has drawn
attention of this Court towards the statement of PW-1 (Dr.
Suman), who has deposed that there were no apparent marks of
any kind of injury on the body of the prosecutrix. Learned counsel
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submits that there is no scientific evidence regarding the presence
of any kind of semen etc.
Learned counsel for the applicant-appellant submits that the
date of birth as per the school record was 30.04.2003.
Learned Public Prosecutor opposes the application.
Having considered the totality of facts and circumstances of
the case and on a conjoint consideration of the factual matrix as
well as the fact of custody of 5 years, 5 months and 7 days, this
Court considers it just and proper to suspend the substantive
sentence awarded to the accused applicant-appellant.
Accordingly, the present second suspension of sentence
application 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 11.02.2020 in Sessions Case No.05/2018 against
applicant-appellant Mahendra Singh S/o Kalu Singh 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/ Link Court for his appearance in this court on
05.12.2022 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.
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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.
186-/Jitender//-
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