Rajasthan High Court - Jodhpur
Prabhu @ Prabhu Lal vs State Of Rajasthan ... on 7 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:38339] (1 of 3) [SOSA-216/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Third Suspension Of Sentence Application
(Appeal) No. 216/2023
Prabhu @ Prabhu Lal S/o Sh. Rajmal, Aged About 20 Years,
Village Nandariyapada-Kotara, P.s. Arthuna, District Banswara
(Rajasthan). (Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/11/2023
1. Heard learned counsel for the parties and perused the
material available on record.
2. Learned counsel for the appellant-applicant submits that
talks were going on for marriage between the appellant-applicant
and the injured. He further submits that it was an incident, which
could not be proved beyond a reasonable doubt. He also submits
that the appellant-applicant has undergone a custody of about 7
years.
3. Learned Public Prosecutor opposes the application, but is
unable to refute the aforesaid submissions.
4. This Court while taking into consideration the overall
perspective of the factual matrix of the case, particularly, the
prolonged custody of 7 years and the appeal is not likely to be
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heard soon, is inclined to suspend the substantive sentence
awarded to the accused applicant-appellant
5. Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions made
by learned counsel for the appellant, this Court considers it just
and proper to suspend the substantive sentence awarded to the
accused applicant-appellant.
6. Accordingly, the present third suspension of sentence
application filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 11.01.2021 in Sessions Case No.124/2017 (CIS
No.124/2017) against applicant-appellant Prabhu @ Prabhu Lal
S/o Sh. Rajmal 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/ Link Court for his
appearance in this court on 12.12.2023 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,
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they will give in writing their changed address to
the trial Court.
7. 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.
153-/Jitender//-
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