Rajasthan High Court - Jodhpur
Kailash vs State Of Rajasthan on 6 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1141/2022
Kailash S/o Shri Hem Raj, Aged About 22 Years, R/o Village
Dudiya, Police Station Rohat, District Pali. At Present Residing At
Krishna Nagar, Near Police Line, P.s. Industrial Area, Pali
(Rajasthan) (Presently Lodged In Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kishan Singh Chouhan
Mr. Pradeep Singh Chouhan
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/09/2022
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.642/2022.
Learned counsel for the appellant has drawn attention of this
Court towards the statement of the prosecutrix rendered under
Section 161, 164 Cr.P.C. and the trial court's statement as PW-6.
Learned counsel for the appellant has taken this Court through the
cross-examination of the PW-6 (prosecutrix).
Learned counsel for the appellant submits that the
prosecutrix willingly went with the appellant to various public
places and they stayed together at places like Mumbai and
Pushkar etc., which clearly reflects that a complete consensual
(Downloaded on 06/09/2022 at 10:28:49 PM)
(2 of 3) [CRLAS-1141/2022]
relationship was in existence between the prosecutrix and the
present appellant.
Learned counsel for the appellant submits that the appellant
was on bail during trial.
Learned Public Prosecutor opposes the suspension of
sentence application but is unable to refute the submissions made
by learned counsel for the appellant.
Having considered the totality of facts and circumstances of
the case, this Court, upon conjoint consideration of the
submissions made by learned counsel for the appellant and
perusing the record of the case, 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 374(2) Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 22.06.2022 in Special POCSO Case No.54/2020 (CIS
No.54/2020) against appellant- Kailash S/o Shri Hem Raj 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
11.10.2022 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.
(Downloaded on 06/09/2022 at 10:28:49 PM)
(3 of 3) [CRLAS-1141/2022]
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
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.
15-/Jitender/nirmala
Powered by TCPDF (www.tcpdf.org)
