Rajasthan High Court - Jodhpur
Ramdev 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. 1157/2022
Ramdev S/o Shri Rambishan, Aged About 51 Years, R/o 10 K.d.
Rawal Vill. Ps Rawla Dist. Sri Ganganagar (Presently Lodged At
Central Jail Sri Ganganagar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Devender Singh Thind
Mr. Amit Kumar
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.649/2022.
Learned counsel for the appellant has drawn attention of this
Court to the statement of PW-6 (Doctor), which reflects that there
was no injuries in the Labia Majora & Minora of the prosecutrix.
The FSL report did not contain the spermatozoa from the samples
taken.
Learned counsel for the appellant submits that the
complications arose because the appellant entered into a second
marriage. Learned counsel further submits that the prosecutrix is
the daughter of the appellant. Learned counsel also submits that
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the appellant has already undergone the sentence of about six
years and seven month's.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions as well
as the factual matrix, 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 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 19.07.2022 in Sessions Case No.02/2021 against appellant-
Ramdev S/o Shri Rambishan 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-
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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.
4-/Jitender/nirmala
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