Rajasthan High Court - Jodhpur
Prakash Chandra vs State Of Rajasthan on 20 October, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1384/2022
1. Prakash Chandra S/o Shambhu, Aged About 22 Years,
Kesharpura Arthuna P.s., Dist. Banswara. (Lodged In Dist.
Jail, Banswara).
2. Smt. Rangi W/o Shambhu, Aged About 52 Years,
Kesharpura Arthuna P.s., Dist. Banswara. (Lodged In Dist.
Jail, Banswara).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Mridul Jain
For Respondent(s) : Mr. Mahipa Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.840/2022.
Learned counsel for the appellant has drawn attention of this
court towards the statements of PW-2 Vinita, PW-2 Gajraj Singh,
PW-4 Rajendra Kuamr, PW-5 Naresh Kumar.
Learned counsel for the applicant-appellant submits that the
record clearly reveals that the applicant-appellant was falsely
implicated in this case, which culminated into her conviction, even
when on the face of it, the whole prosecution story is full of doubt,
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more particularly, when the ill-will behind launching the criminal
proceeding against the applicant-appellant, was writ large. It is
also contended that the appellant was on bail during trial.
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, S.B. Suspension of Sentence (Appeal) No.
840/2022 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 29.08.2022 in Session Case No.14/2020
against appellant- Smt. Rangi W/o Shambhu shall remain
suspended till final disposal of the aforesaid appeal, provided she
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 21.11.2022 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, 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
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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 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.
204-Sudheer/-
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