Mahavir Prasad vs State Of Rajasthan
2022 Latest Caselaw 11376 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1280/2022

Mahavir Prasad S/o Sh. Ruparam, Aged About 23 Years, B/c
Khati R/o Ubasi Ps Khatubadi Dist. Nagaur
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Dr. Harish Kumar Purohit
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

13/09/2022

     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.715/2022.

     Learned counsel for the appellant has drawn attention of this

Court to the statements of the prosecutrix rendered under Section

161 & 164 Cr.P.C., in which the prosecutrix has not made any

allegations but subsequently, her statements changed.

     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) filed

under Section 374 Cr.P.C. is allowed and it is ordered that the


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                                   substantive sentence passed by the trial court vide judgment

                                   dated 04.08.2022 in Sessions Case No.63/12 (CIS No.191/14)

                                   against appellant - Mahavir Prasad S/o Sh. Ruparam 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

                                   14.10.2022 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

                                   trial Judge shall report the matter to the High Court for

                                   cancellation of bail.



                                                                      (DR.PUSHPENDRA SINGH BHATI), J.

9-/Jitender/nirmala

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