Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan on 9 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 763/2022
Dinesh
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/09/2022
The application (inward no.02/2022) for early hearing of the
matter is disposed of.
Admit.
Issue notice to the respondent no.2 only, as learned Public
Prosecutor accepts notice on behalf of respondent -State.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.478/2022.
Learned counsel for the appellant has shown from the
judgment the statement recorded by the prosecutrix under
Section 161 Cr.P.C., which has been dealt with by the learned
court below, in which, it is stated that she went from the home to
school on legs and from Dagar Bas Stand, she went to Ahmedabad
and at Ahmedabad, she called the present petitioner-Dinesh, who
wanted to marry her. They stayed as husband and wife for about
two years in a room and during lockdown period also, they stayed
there and she worked in the bungalows. She further deposed that
she wanted to remain with the present petitioner. It is also
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contended that in 164 statement also, she has reiterated the same
story.
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.478/2022 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 16.05.2022 in Sessions Case No.26/2021
(CIS NO.26/2021) against appellant- Dinesh S/o Shri Kishore
Meena 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 12.10.2022 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.
47-Sudheer/-
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