Rajasthan High Court - Jodhpur
Tara Chand vs State Of Rajasthan on 11 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 560/2022
Tara Chand S/o Pokar Ram, Aged About 24 Years, B/c Baori, R/o
Chokidaro Ki Dhani, Sumel, P.s. Raas, Dist. Pali. (At Present
Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naresh Khatri
For Respondent(s) : Mr. Salim Khan Mehar, Additional GA
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/11/2022
Heard learned counsel for the parties and perused the record
of the case.
Learned counsel for the applicant- appellant has drawn
attention of this Court towards the statement of PW-3 i.e.
prosecutrix, in which she has weaved anything like, at places, she
said that rape did not happen, but at places, she said that rape
was committed; in her cross examination she has admitted that
no rape was committed after 28.10.2019, and at one stage, she
also admitted that she used to speak to the present appellant
regularly. The prosecutrix has also admitted that she travelled
from Beawer to Delhi with the appellant in a public transport.
Learned counsel for the applicant-appellant further submits
that apart from the such discrepancies in the statement of the
prosecutrix, the present appellant has already suffered a custody
of 03 years, 01 month & 28 days.
(2 of 3) [SOSA-560/2022]
Learned Public Prosecutor opposes the suspension of
sentence application.
Upon conjoint consideration of the above submissions as well
as looking into the custody period and having considered the
totality of facts and circumstances of the case, deems it just and
proper to suspend the substantive sentence awarded to the
accused applicant-appellant.
Accordingly, the present Suspension of Sentence (Appeal)
application filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 05.08.2021 in Sessions Case No.09/2020
against appellant- Tara Chand S/o Pokar Ram shall remain
suspended till final disposal of the aforesaid appeal, provided
executes a personal bond in a 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 12.12.2022 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
(3 of 3) [SOSA-560/2022]
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
327-nirmala/-
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