Rajasthan High Court - Jodhpur
Kailash vs State Of Rajasthan ... on 17 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:18803-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 289/2025
Kailash S/o Mohanram, Aged About 51 Years, R/o Ladadiya, Teh.
Didwana P.s. Molasar Dist. Nagaur. (Lodged In Central Jail,
Ajmer)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Meena Devi W/o Late, R/o Ladadiya, Teh. Didwana P.s.
Molasar Dist. Nagaur. (Lodged In Central Jail, Ajmer)
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Deepak Choudhary, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
17/04/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 15.06.2011 passed by
the learned Additional Sessions Judge, Deedwana, District Nagaur
in Sessions Case No.19/2009:
Offences Prison In default of payment of fine
U/s Punishment further undergo
376(2) of IPC Imprisonment for Extra 1 years of S.I.
Life with the fine of
Rs.5,000/-/-
363 of IPC Rigorous Extra 6 Months of S.I.
Imprisonment for 7
years with the fine
of Rs.1,000/-
[2025:RJ-JD:18803-DB] (2 of 3) [SOSA-289/2025]
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. Learned counsel for the appellant-applicant submits that he
has appointed from Legal Aid as the appellant has been identified
by the Legal Service Authority as the case having prolonged
custody lying into the heinous nature of crime, whereby, the
appellant committed rape upon a minor and has been convicted
under Section 376(2) of IPC. He does not wish to make any
averment on merits but merely states that the appellant has
completed actual custody of 15 years 8 months and 4 days and
total sentence of 17 years 8 months and 6 days.
4. Learned Public Prosecutor opposes the application for
suspension of sentence.
5. This Court, on a conjoint consideration of the facts of the
case as well as the prolonged custody, is inclined to suspend the
suspension of sentence application.
6. 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 Additional
Sessions Judge, Deedwana, District Nagaur in Sessions Case
No.19/2009, against the appellant-applicant, namely, Kailash S/o
Mohanram 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/- with two
sureties of Rs.25,000/- each to the satisfaction of learned trial
Judge for his appearance in this court on 17.05.2025 and
[2025:RJ-JD:18803-DB] (3 of 3) [SOSA-289/2025]
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.
7. 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
21-mohit/love-
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