Rajasthan High Court - Jodhpur
Suresh Sewak Alias Surya vs State Of Rajasthan ... on 15 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:18505-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1094/2024
Suresh Sewak Alias Surya S/o Shri Manohar Sewak, Aged About
34 Years, Near Pani Ki Tanki, Kharwadon Ka Mohalla, Salumber
(Raj.) (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
15/04/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 22.08.2024 passed by
the learned Special Judge, Scheduled Caste / Scheduled Tribe
(Prevention of Atrocities) Cases, Udaipur in Sessions Case
No.57/2019:
Offence Sentence Fine
376 IPC Life Imprisonment Rs.50,000/- and in default of
which to further undergo 1
year' R.I.
3(1)(w)(i) of SC/ One year' R.I. Rs.50,000/- and in default of
ST Act which to further undergo one
month' R.I.
3(2)(v) of SC/ST Life Imprisonment Rs.50,000/- and in default of
Act which to further undergo one
year' R.I.
[2025:RJ-JD:18505-DB] (2 of 3) [SOSA-1094/2024]
2. The appellant-applicant has preferred the application for
suspension of sentence under Section 389 Cr.P.C. for suspension
of sentences during the pendency of the appeal and for release on
bail.
3. Brief facts of the case are that an FIR was filed on
20.07.2019 regarding an incident which happened on 15.07.2019
when husband of prosecutrix went for work, accused mixed
intoxicants in her tea and committed rape upon her.
4. Learned counsel for the applicant-appellant submits that
conviction has been made under Section 376 of IPC and Section
3(1)(w)(i) and 3(2)(v) of SC/ST Act. Learned counsel further
contends that the accused applicant was on bail during trial and
he is in custody since the impugned order has been passed i.e.
22.08.2024.
5. Learned Public Prosecutor opposes the application for
suspension of sentence.
6. This Court on consideration of the submissions made by
learned counsel for the applicant-appellant as well as facts of the
case deems it appropriate to suspend the substantive sentence of
the appellant-applicant during the pendency of the appeal.
7. 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 learned Special
Judge, Scheduled Caste / Scheduled Tribe (Prevention of
Atrocities) Cases, Udaipur in Sessions Case No.57/2019, against
the appellant-applicant, namely, Suresh Sewak @ Surya S/o
Shri Manohar Lal Sewak, shall remain suspended till final
disposal of the aforesaid appeal and he shall be released on bail,
[2025:RJ-JD:18505-DB] (3 of 3) [SOSA-1094/2024]
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 learned
trial Judge for his appearance in this court on 19.05.2025 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 applicant change 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(s)
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-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.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
52-Sudheer/-
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