Rajasthan High Court - Jodhpur
Satvindra vs State Of Rajasthan on 9 September, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1214/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1214/2022
Satvindra S/o Shri Bishna Ram, Aged About 34 Years, R/o Ward
No. 24, Dablirathan Moulviwas, P.s. Sadar, Hanumangarh District
Hanumangarh. (At Present Lodged In District Jail,
Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/09/2022
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.685/2022.
Learned counsel for the appellant has pointed that there was
a live-in-relationship agreement between the prosecutrix and the
present appellant. Learned counsel submits that the FIR was
lodged after a delay of more than 1½ year.
Learned counsel for the appellant further submits that the
complete allegation was of rape on the pretext of promise to
marry.
Learned Public Prosecutor opposes the suspension of
sentence application.
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Having considered the totality of facts and circumstances of
the case and on conjoint reading of submission made and perusing
the record 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
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 18.07.2022 in Sessions Case No.33/2021 against appellant-
Satvindra S/o Shri Bishna 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 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
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
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trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
6-Jitender/nirmala
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