Rajasthan High Court - Jodhpur
Sanjay Harijan vs State Of Rajasthan ... on 17 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/015830]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 356/2023
Sanjay Harijan S/o Shri Lal Harizan, Aged About 34 Years, R/o
Sahada Circle, Gangapur, Police Station Gangapur, Dist. Bhilwara
(Raj.). (At Present Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha
For Respondent(s) : Mr. Mahipal Vishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/05/2023
Learned counsel for the appellant has drawn attention of this
Court towards the statement of mother of the prosecutrix PW-4,
who has stated in her cross-examination that if the present
appellant had given some money, they would not have lodged the
case.
Learned counsel for the appellant submits that earlier the
suspension of sentence application was dismissed by this Court on
16.03.2022 and thereafter, the circumstances changed is the
custody period. Learned counsel also submits that medical report
does not corroborate with the evidence of allegation. Learned
counsel further submits that there is a custody of four years, three
months.
Learned P.P. opposes the suspension of sentence of the
appellant. He furnished an antecedent report, which reflects that
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[2023/RJJD/015830] (2 of 3) [SOSA-356/2023]
none of other cases, pertaining to sexual offence, are pending
against the present accused-applicant.
The custody report furnished by learned P.P. is taken on
record.
This Court on conjoint consideration of the facts, the FSL
report, statement of PW-4, the prolonged custody and facets of
the FIR, is inclined to suspend the substantive sentence awarded
to the accused applicant-appellant.
Accordingly, the present second suspension of sentence
application is allowed and it is ordered that the substantive
sentence passed by the trial court vide judgment dated
27.08.2021 in Sessions Case No.39/2020 (52/2019) against
applicant-appellant Sanjay Harijan S/o Shri Lal Harizan shall
remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in the 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 03.07.2023
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, he 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.
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[2023/RJJD/015830] (3 of 3) [SOSA-356/2023]
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 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.
190-Sudheer/-
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