Rajasthan High Court - Jodhpur
Nakhat Singh vs State Of Rajasthan on 21 October, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1512/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1512/2022
Nakhat Singh S/o Man Singh, Aged About 20 Years, R/o
Moukhab, Police Station Sheo, District Barmer. (At Present
Lodged In Sub Jail, Balotra)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rakesh Matoria.
For Respondent(s) : Mr. Arun Kumar, PP
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 has drawn
attention of this Court towards the statement of PW-8 father of
the victim, who has become hostile.
Learned Public Prosecutor opposes the submissions.
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) filed
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under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 13.09.2022 in Sessions Case No.58/2020 against applicant-
appellant - Nakhat Singh S/o Man Singh 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.
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
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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.
4-/Jitender//-
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