Rajasthan High Court - Jodhpur
Vikram Singh @ Kalu vs State Of Rajasthan on 25 November, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 989/2022
Vikram Singh @ Kalu S/o Kalyan Singh, Aged About 24 Years, B/
c Rajput, R/o Ridiyasar, Tehsil Ratangarh, District Churu. (Lodged
In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. DS Udawat
Mr. Shreyash Ramdev
For Respondent(s) : Mr. S.K. Mehar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/11/2022
Heard learned counsel for the parties and perused the record
of the case.
Learned counsel for the appellant has shown the statement
of PW-1, which reflects that she was taken to Tidiyasar and
thereafter from Tidiyasar, she was taken to Laxmangarh and from
there, she was taken to Kotputli and from there, she was taken to
Jaipur and from Jaipur, she was taken to Surat and at Surat, the
commission of offence has been committed. No doubt the age of
the prosecutrix is on a lower side, but at the same time, learned
counsel for the appellant submits that the appellant has already
undergone a custody period of six years.
Learned Public Prosecutor opposes the suspension of
sentence application.
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Looking into the medical evidence, the custody of six years,
the statement of PW-3 Prosecutrix and having considered the
totality of facts and circumstances of the case, this Court 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 31.07.2021 in Session Case No.23/2018
against appellant- Vikram Singh @ Kalu S/o Kalyan Singh
shall remain suspended till final disposal of the aforesaid appeal,
provided he 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
04.01.2023 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, they 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
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
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accused appellant do 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.
106-sudheer/-
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