Rajasthan High Court - Jodhpur
Babu Ram vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1513/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1513/2022
Babu Ram S/o Sh. Pova Ram, Aged About 25 Years, In Front Of
Gupteshwar Mahadev Temple, Fulabai Khera, P.s. Swaroopganj,
Dist. Sirohi (Raj.). (Presently Lodged In Central Jail, Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Bharat Singh Rathore.
For Respondent(s) : Mr. Arun Kumar, PP a/w Mr. Avinash
Godara.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/10/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.886/2022.
Learned counsel for the applicant-appellant submits that the
learned trial court has held the prosecutrix to be major. Learned
counsel further submits that the applicant-appellant is a brother-
in-law of the prosecutrix, the medical report and the facts of the
case do not indicate any brutality.
Learned counsel applicant-appellant further submits that the
applicant-appellant has already undergone a sentence of three
years & four months.
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(2 of 3) [CRLAS-1513/2022]
Learned Public Prosecutor opposes the submissions.
Having considered the totality of facts and circumstances of
the case and on conjoint considerations and submissions made by
learned counsel for the applicant-appellant, 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) 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 14.09.2022 in Special Case No.49/2019 (CIS No.49/2019)
against applicant-appellant - Babu Ram S/o Sh. Pova Ram 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
24.11.2022 and whenever ordered to do so, till the disposal of
the appeal on the conditions indicated below:-
1. That they/he/she will appear before the trial Court
in the month of January of every year till the
appeal is decided.
2. That if the applicant-appellant(s) changes the
place of residence, they/he/she will give in writing
their changed address to the trial Court as well as
to the counsel in the High Court.
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(3 of 3) [CRLAS-1513/2022]
3. Similarly, if the sureties change their/his/her
address, they/he/she will give in writing their/his/
her changed address to the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant-appellant(s) in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
the accused-appellant(s) was/were 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-applicant-appellant(s) do/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.
5-/Jitender//-
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