Ashok Kumar @APPELLANT@Hash State of Rajasthan & Ors

Heard learned counsel for the parties on S.B. Criminal Suspension of Sentence Application No.231/2018.

Learned counsel for the appellant has submitted that after examination-in-chief, the prosecutrix has not identified the applicant and denied any relation

with him, however, later on, she has improved her statement and levelled allegation of sexual assault against the applicant. It is also stated that from

Exhibit P6-medical examination report and Exhibit P-22, it is clear that the allegation of sexual assault on the prosecutrix has not been proved. It is also

submitted that as a matter of fact, applicant and the prosecutrix were earlier engaged and when the prosecutrix was married to someone else by her

parents, she went with the applicant on her own free will. It is also submitted that the appellant was on bail during the trial and hearing of the appeal is

likely to take time.

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the

accused appellant.

Accordingly, S.B. Criminal Suspension of Sentence Application No.231/2018 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 05.02.2018 in Sessions Case No.42/2017 against appellant Ashok Kumar S/o

Kapura Ram 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 22.10.2018 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 accusedappellant 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.