Rajasthan High Court - Jodhpur
Kailash vs State Of Rajasthan on 28 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 795/2022
IN
S.B. Criminal Appeal No.468/2021
Kailash S/o Ghanshayam Berwa, Aged About 21 Years, R/o
Chitiwas (Titiwas), P.s. Sanwar, Dist. Ajmer. (Presently Lodged In
Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rahul Bathi
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/09/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.795/2022.
Counsel for the appellant submits that the prosecutrix has
deposed that she was taken away by the appellant and his one of
friend on a motor-cycle. From her village they went to Chavandia
Choraha. From there, the prosecutrix and the present appellant
travelled in public transport to Savar. There they stayed for three
days.
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Counsel for the appellant submits that the appellant has
served sentence of about 06 years and 10 months out of the total
sentence of ten years.
Counsel for the appellant submits that no injuries upon the
prosecutrix is pointed out.
Counsel for the appellant submits that hearing of appeal is
likely to take a long time, thus, prayed to suspend the sentence.
Learned PP opposed the application.
This Court on conjoint consideration of the submissions
advance as well as looking to prolong custody of 06 years and 02
months, is inclined to suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Kailash S/o Ghanshayam Berwa by the learned
Special Judge, Protection of Children from Sexual Offences and
Commission for Protection of Child Rights Act Court No.2, Bhilwara
vide judgment dated 18.03.2019 in Special Sessions Case
No.100/2018 (18/2016) shall remain suspended till final disposal
of aforesaid appeal provided he executes a personal bond for a
sum of Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of learned trial court for his
appearance before this Court on 15.11.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
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(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/their changed
address to the trial court as well as to the counsel in the
High Court.
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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-applicant(s) does 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.
186-Sanjay/-
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