Shilaj vs State Of Rajasthan
2022 Latest Caselaw 12007 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR

 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 479/2022

Shilaj S/o Lt. Vagji, Aged About 20 Years, R/o Lilwana, Police
Thana Kalingara, Dist. Banswara. (Accused Lodge At Dist. Jail
Banswara).


                                                                    ----Petitioner
                                   Versus

State Of Rajasthan, Through Pp
                                                                  ----Respondent



For Petitioner(s)        :     Mr. Vijay Kumar
For Respondent(s)        :     Mr. Vikram Sharma, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

29/09/2022

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.479/2022.

     Learned counsel for the appellant has pointed out that in the

statement of the prosecutrix under Section 164 of Cr.P.C., it is

established that the prosecutrix was with the appellant for about

10 months and out of the wedlock, a son was born, who was

expired. There is no such violation which would dis-entitle the

appellant from any relief from this Court.

     Learned   Public    Prosecutor         opposes         the   suspension    of

sentence application.

     This Court looking to the over all factual matrix of this case

and keeping into consideration that the appellant is in custody

since 07.11.2019 is inclined to suspend the sentence.




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     Accordingly, 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.

479/2022 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 11.08.2021 in Sessions Case No.24/2020

(CIS No.24/2020) against appellant - Shilaj S/o Lt. Vagji 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

02.11.2022 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.

98-NS/Suraj/-

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