Rajasthan High Court - Jodhpur
Dhirendra Singh vs State Of Rajasthan ... on 17 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/015812]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 279/2023
Dhirendra Singh S/o Shri Satyendra Singh, Aged About 23 Years,
R/o Bhili Hilla, Police Station Tarwa, District Ajamgarh (Utter
Pradesh) (Presently Lodged At Central Jail, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Murli Manohar S/o Shri Janwar Lal, B/c Nai, R/o Kumharo
Ka Mohalla, Udairamsar, Police Station Gangashahar,
District Bikaner (Raj.)
----Respondents
For Petitioner(s) : Ms. Manjula Choudhary
Mr. Amardeep Lamba
For Respondent(s) : Mr. Mahipal Vishnoi, PP a/w Mr.
Chetan Prakash Marwan
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/05/2023
Learned counsel for the appellant has pointed out that the
facts of the case reflects consensual relationship; although the
prosecutrix is a minor. The prosecutrix and the appellant had gone
to the public places including Bikaner railway station, Jaipur and
Ahemdabad. They also befriended each other on instagram and
remained in touch.
Learned counsel for the appellant further submits that the
appellant is a young boy and earlier the suspension of sentence
application was not pressed on 06.07.2022 when the custody
period was less than five years. Learned counsel submits that now
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[2023/RJJD/015812] (2 of 3) [SOSA-279/2023]
it is the custody of five years, six months and twelve days as on
03.05.2023.
Learned P.P. opposes the suspension of sentence of the
appellant.
The custody report furnished by learned P.P. is taken on
record.
This Court on conjoint consideration of the reflections of
consensual relationship, traveling from Bikaner to Jaipur and from
Jaipur to Ahmedabad in a public transport, the knowing of the
petitioner and the prosecutrix on instagram and the prolonged
custody of five years, six months and twelve days, 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
23.02.2022 in Sessions Case No.79/2018 against applicant-
appellant Dhirendra Singh S/o Shri Satyendra Singh 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
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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 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.
259-Sudheer/-
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