Rajasthan High Court - Jodhpur
Ravi Kumar @ Reviya vs State Of Rajasthan (2025:Rj-Jd:4076) on 22 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4076]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1255/2024
Ravi Kumar @ Reviya S/o Shri Brij Lal, Aged About 47 Years, R/o
Ward No. 4, Netewala, P.s. Chunawadh, Distt. Sri Ganganagar
(Raj.) (At Present Lodged At Central Jail, Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kamli Khan S/o Shri Sharif Khan, R/o Netewala, P.s.
Chunawadh, Dist. Sriganganagar,raj.
----Respondents
For Petitioner(s) : Mr. Navneet Poonia
For Respondent(s) : Mr. Deepak Chowdhary, GA-cum-AAG
assisted by Mr. K.S. Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/01/2025
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the victim has
been examined as PW.1 before the trial Court and there are major
contradictions, omissions & improvements in her statement. The
accused-appellant is in judicial custody since 04.10.2022 and the
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may kindly be suspended.
Learned Addl. G.A. has opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
[2025:RJ-JD:4076] (2 of 3) [SOSA-1255/2024]
of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offence Act & Commission for Protection of
Child Rights Act No.1, Sriganganagar vide judgment dated
03.08.2024 in Sessions Case No.50/2022 against the appellant-
applicant - Ravi Kumar @ Reviya S/o Shri Brij Lal shall be
suspended till final disposal of the aforesaid appeal provided he
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 24.02.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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
[2025:RJ-JD:4076] (3 of 3) [SOSA-1255/2024]
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
80-Rashi/-
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