Rajasthan High Court - Jodhpur
Rakesh Sharma vs State Of Rajasthan on 20 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-956/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 956/2022
Rakesh Sharma S/o Shri Mithu Lal Sharma, Aged About 21
Years, R/o Alagwas, Kareda Police Station, At Present Residing
As Tenant Of Kanhaiya Lal Joshi House, C/8 Rk Colony, Subhash
Nagar Police Station, Bhilwara, District Bhilwara. (Confined In
District Jail, Bhilwara)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Lukky Upadhyay W/o Shri Ravindra Ji Upadhyay, R/o
C/55, R.k. Colony, Subhash Nagar Police Station,
Bhilwara, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Tirath Raj Singh Sodha
For Respondent(s) : Mr. Mohd. Javed, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/10/2022
1. Heard learned counsel for the parties.
2. Learned counsel for the appellant has drawn attention of this
Court to the statement of PW-2 i.e. prosecutrix, in which by and
large consensual relationship between the present appellant and
the prosecutrix has been reflected.
3. Learned PP opposed the application suspension of sentence
application.
4. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the Bar, this
(Downloaded on 20/10/2022 at 09:19:50 PM)
(2 of 3) [SOSA-956/2022]
Court is of the opinion that the bail application for suspension of
sentence filed by the petitioner deserves to be accepted.
5. Accordingly, this S.B. Suspension of Sentence Application
(Appeal) 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 25.07.2022 in Sessions Case No.37/2021 against
appellant- Rakesh Sharma S/o Shri Mithu Lal Sharma 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 for his appearance in this court on 22.11.2022
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, 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.
6. 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
(Downloaded on 20/10/2022 at 09:19:50 PM)
(3 of 3) [SOSA-956/2022]
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.
183-/Nirmala
Powered by TCPDF (www.tcpdf.org)
