Rajasthan High Court - Jodhpur
Surajmal Suresh vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-166/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 166/2022
Surajmal Suresh S/o Shri Laxman Kasota, Aged About 20 Years,
R/o Maanas Fala Sibiya, P.s. Jhadol, District Udaipur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Love Jain.
For Respondent(s) : Mr. Mohd. Javed, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2022
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant-applicant has shown the
statement of the prosecutrix, in which, she has deposed that she
stayed with the present appellant-applicant for about 3-4 months
at various places. Learned counsel submits that at the time when
the girl was recovered, she was absolutely hostile to the
allegations of the prosecution. Learned counsel further submits
that the appellant-applicant has undergone a custody of two years
and 11 months.
Learned Public Prosecutor opposes the application.
Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions made
by learned counsel for the appellant, this Court considers it just
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and proper to suspend the substantive sentence awarded to the
accused applicant-appellant.
Accordingly, the present suspension of sentence application
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 21.07.2020 in Sessions Case No.88/2019 (CIS No.50/2019)
against applicant-appellant Surajmal Suresh S/o Shri Laxman
Kasota 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/ Link Court for his
appearance in this court on 24.11.2022 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.
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-
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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
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.
237-Jitender/-
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