Rakesh Kumar @ Kd vs State Of Rajasthan ...
2023 Latest Caselaw 7657 Raj

[2023:RJ-JD:32063-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 791/2023

in

D.B. Criminal Appeal No.22/2023

Rakesh Kumar @ KD S/o Shri Ramphal, Aged About 35 Years, R/o Mithi Morka,tehsil Shivani, District Bhiwani, Hariyana. (Presently Lodged In Central Jail, Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Kalu Ram Bhati. For Respondent(s) : Mr. B.R. Bishnoi, PP For Complainant(s) : Mr. Kuldeep Sharma.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

26/09/2023

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 19.12.2022 passed by

the learned Addl. District & Sessions Judge No.1, Rajgarh, Distt.

Churu in Sessions Case No.04/2018:

Offence Sentence Fine 364(A) IPC Life Imprisonment Rs.10,000/- and in default of which to further undergo three years' additional imprisonment.

365 IPC Seven years' S.I. Rs.5,000/- and in default of which to further undergo two years' additional imprisonment.

392 IPC Ten years' R.I. Rs.5,000/- and in default of which to further undergo two years' R.I.

[2023:RJ-JD:32063-DB] (2 of 4) [SOSA-791/2023]

341 IPC One month's S.I. Rs.500/- and in default of which to further undergo seven days' additional imprisonment.

2. The appellant-applicant has preferred the application for

suspension of sentence under Section 389 Cr.P.C. for suspension

of sentence during the pendency of the appeal and for release of

the applicant on bail.

3. It is submitted by learned counsel for the applicant-appellant

that co-accused Ajay Kumar has been enlarged on bail by a Co-

ordinate Bench of this Court in D.B. Criminal Misc. Suspension of

Sentence Application (Appeal) No.204/2023, decided on

10.07.2023 and that the case of the present applicant is not

different from that of said Ajay Kumar, rather while the case qua

Ajay Kumar was that he was known to the family of the abducted

complainant, whereas, the applicant has no relation /

acquaintance with the abducted complainant.

4. It is further submitted that the applicant is in custody for

over 5 years 10 months, the appeal is likely to take sufficiently

long time and therefore, the sentence awarded to the applicant-

appellant be suspended.

5. Learned counsel for the complainant and learned Public

Prosecutor vehemently opposed the submissions made. It was

submitted that the trial court has found the applicant guilty of the

offences based on the evidence available on record and looking to

the heinous nature of offence, the application be dismissed.

6. We have considered the submissions made by learned

counsel for the parties and have perused the record of the case.

7. A co-ordinate Bench of this Court in the case of Ajay Kumar

(supra), on noticing that no person was named by the complainant

[2023:RJ-JD:32063-DB] (3 of 4) [SOSA-791/2023]

in the FIR though PW-1 & PW-2 have known the families of the

applicant therein and as such, there was no reason for not

disclosing his name.

8. Once, this aspect has come on record that the family of Ajay

Kumar was known to the family of the complainant and even said

Ajay Kumar was not named, there cannot be any reason for not

extending the benefit as extended to Ajay Kumar by a Co-ordinate

Bench of this Court, as there are no additional overt act alleged

against the applicant.

9. In view of the above facts and circumstances of the case,

without commenting on merits of the case, we are inclined to

suspend the substantive sentence of the appellant-applicant

Rakesh Kumar @ K.D. S/o Ramphal, during the pendency of the

appeal.

10. Accordingly, the instant application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that substantive sentence passed by the Addl. District &

Sessions Judge, No.1, Rajgarh, District Churu in Sessions Case

No.04/2018 against the appellant-applicant Rakesh Kumar @ K.D.

S/o Shri Ramphal shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.50,000/- each with two

sureties of Rs.25,000/- each to the satisfaction of learned trial

Judge for his appearance in this court on 30/10/2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:

[2023:RJ-JD:32063-DB] (4 of 4) [SOSA-791/2023]

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 applicant 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 his address(s) he will give in writing his changed address to the trial court.

11. The learned trial court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case relating to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the cases in the trial court. In case the

said accused-applicant does not appear before the trial court,

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 51-Rmathur/-

Powered by TCPDF (www.tcpdf.org)