Rajasthan High Court - Jodhpur
Prem Kumar vs State Of Rajasthan (2023:Rj-Jd:39929) on 21 November, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:39929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 1359/2023
Prem Kumar S/o Shri Triloka Ram, Aged About 26 Years, R/o
Kansar Ps Khuiya Dist. Hanumangarh Raj. At Present Lodged In
Dist. Jail Hanumangarh
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kuldeep Sharma.
For Respondent(s) : Mr. Arun Kumar, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/11/2023
1. Heard learned counsel for the parties and perused the
material available on record.
2. The facts of the case are that the petitioner in the garb of
tuition entered into relationship with the prosecutrix and while
impacting her with intoxicants forcibly made relationship with her
and also made videos with her. The prosecutrix got pregnant in
February, 2016 and when she was given abortion medicine the
offence was disclosed, when the prosecutrix fell ill, thereafter, also
the same allegation was repeatedly continued for two and a half
years as per the complaint. Finally, the FIR for the incident of pre
February, 2016 was lodged on 21.10.2018.
3. Learned counsel for the appellant-applicant submits that first
criminal misc. suspension of sentence application (appeal) bearing
[2023:RJ-JD:39929] (2 of 3) [SOSA-1359/2023]
No.864/2021 was dismissed as not pressed with liberty to file
fresh after the completion of 5 years of custody.
4. Learned Public Prosecutor has submitted that custody
certificate dated 07.11.2023, as per which, the custody of 5 years
2 months and 23 days has been undergone.
5. Looking into the peculiar factual matrix as well as the fact
that the petitioner has undergone the prolonged custody of 5
years and the appeal is not likely to be heard soon, is inclined to
suspend the substantive sentence awarded to the accused
applicant-appellant.
6. 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.
7. Accordingly, the present second 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 18.11.2021 in Sessions Case No.01/2019 (CIS
No.01/2019) against applicant-appellant Prem Kumar S/o Shri
Triloka Ram 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 22.12.2023 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
[2023:RJ-JD:39929] (3 of 3) [SOSA-1359/2023]
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.
8. 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.
110-/Jitender//-
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