Rajasthan High Court - Jodhpur
Angrej Singh 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. 706/2022
Angrej Singh S/o Sh. Banshi Lal, Aged About 26 Years,
Bharwana Police Station Gogamedi Dist. Hanumangarh. (At
Present Lodged In Dist. Jail, Hanumangarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vikas Bijarnia.
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.436/2022.
Learned counsel for the appellant submits that there is no
brutality in the allegations made. Learned counsel further submits
that the statement under Section 161 of Cr.P.C. rendered by the
prosecutrix does not make any allegations against the present
appellant. Learned counsel also submits that the age of
prosecutrix was 17 years, 10 months and 9 days old on the date
of incident.
Learned counsel for the appellant further submits that the
consensual issue has been converted into the prosecution case.
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Learned counsel for the appellant also submits that the appellant
was on bail during trial.
Learned Public Prosecutor opposes the suspension of
sentence application.
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) No.
436/2022 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 05.05.2022 in Session Case No.27/2019
against appellant- Angrej Singh S/o Sh. Banshi Lal 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.
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
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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.
14-/Jitender/Nirmala
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