Rajasthan High Court - Jodhpur
Manoj Kumar @ Monu 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. 506/2022
Manoj Kumar @ Monu S/o Yashwant Sharma, Aged About 30
Years, R/o House No. 36, Street No. 1, Shiv Colony, S.s.b. Road,
Police Station Jawahar Nagar, Sri Ganganagar (Raj.) (At Present
Central Jail Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Maya Devi W/o Rajendra Kumar, R/o At Present Rented In
The House Of Roshan Lal Nai Street No. 1 Shiv Colony
S.s.b. Road Ps Jawahar Nagar Sri Ganganagar Raj.
----Respondents
For Petitioner(s) : Mr. DS Gharsana
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 submits that the appellant
has already undergone a custody period of about three years,
seven months and sixteen days.
Learned counsel for the appellant further submits that the
allegation of rape has not been proved by the prosecution before
the learned court below. It is also contended that medical
evidence also does not suggest any injury of sexual intercourse.
Learned counsel for the appellant further submits that the
appellant is not having any criminal antecedents. He further
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submits that the learned trial court has also discussed the fact
that the statement are over implicating.
Learned Public Prosecutor opposes the suspension of
sentence application.
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 13.04.2022 in Session Case No.123/2021
(CIS NO.30/2019) against appellant- Manoj Kumar @ Monu S/o
Yashwant Sharma 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
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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 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.
102-sudheer/-
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