Rajasthan High Court - Jodhpur
Jeetu Kharwal vs State on 21 January, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 349/2020
Jeetu Kharwal S/o Manglaram, Aged About 20 Years, By Caste
Kharwal, R/o Hemawas, Police Station Sadar Pali, District Pali
(Rajasthan). (Presently Confined In Central Jail Jodhpur).
----Petitioner
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Vineet Jain
For Respondent(s) : Mr. Farzand Ali, GA cum AAG assisted
by Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 21/01/2021 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Heard learned counsel for the parties.
Learned counsel for the appellant has drawn attention of this Court towards the statement of father of the prosecutrix, in which, he has deposed that the appellant's sister was married to his son. He further deposed that there was a talk of marrying the appellant with the prosecutrix but it did not materialized.
Learned counsel for the appellant has thereafter, taken this Court to the statement rendered by prosecution witness No.3 i.e. prosecutrix, in which, she has deposed that she was taken by the appellant to Kaparda, then to Pali and then to Himmat Nagar. The prosecutrix further deposed that they travelled in a public (Downloaded on 22/01/2021 at 08:49:10 PM) (2 of 3) [SOSA-349/2020] transport i.e. Sleeper Bus and she also deposed that at Himmat Nagar, they stayed at a hotel and she was raped. She further deposed that her date of birth is 12.07.2003.
Learned counsel for the appellant further submits that the appellant is in custody since 10.02.2020 and the age of appellant himself was 20 years at the time of incident.
Learned GA cum AAG as well as counsel for the complainant vehemently opposed the suspension of sentence application.
Upon considering the submissions made by learned counsel for the appellant, while perusing the statement rendered by the prosecutrix, the statements do not induce confidence of this Court for continuance of custody of the appellant. Thus, this Court is inclined to suspend the substantive sentence awarded to the accused-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.349/2020 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 10.02.2020 in Sessions Case No.36/2019 (CIS No.36/2019) against appellant Jeetu Kharwal S/o Manglaram 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 for his appearance in this Court on 22.02.2021 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 appellant changes the place of (Downloaded on 22/01/2021 at 08:49:10 PM) (3 of 3) [SOSA-349/2020] 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.
The learned trial Court shall keep the record of attendance of the 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.
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