Anwar Husain vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

Learned counsel for the appellant has drawn attention of this Court towards the statement of PW-6 i.e. Chunni Lal, who was the owner of Jaideep Hotel where the appellant stayed with the prosecutrix as husband and wife.

Learned counsel for the appellant submits that though the allegations are there but there are some kind of consent in the matter. Learned counsel further submits that the appellant has already undergone a custody of five years and six days as on 12.10.2022.

Learned counsel for the appellant makes a statement at Bar that there are no previous criminal antecedents against the present appellant. The reason given by the learned counsel for the appellant for the third suspension of sentence application is that the appellant has undergone more than half of the sentence.

Learned Public Prosecutor has opposed the application. Having considered the totality of facts and circumstances of the case and on conjoint consideration of the submissions made by the learned counsel for the appellant, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

Accordingly, the present suspension of sentence application 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 28.11.2019 in Sessions Case No.125/2018 against applicant-appellant Anwar Husain S/o Shri Babu Shah Lal 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 16.11.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the appellant 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.

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 accused-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.