Mahendra Singh S/o Shri Doonga Ram Sevda, vs State of Rajasthan

Applicant-appellant has preferred this application under Section 389 Cr.P.C. for seeking suspension of sentence awarded by Additional

Sessions Judge (Women Atrocities Cases) Udaipur (for short, ''learned trial Court'') by its verdict dated 25.01.2018. Learned trial Court by the

impugned judgment has indicted applicant for offence under Section 376 IPC and handed down sentence of ten years'' rigorous imprisonment with

fine of Rs.50,000/- and in default of payment of fine to undergo one year''s rigorous imprisonment. Likewise for offence under Section 420 IPC

applicant is sentenced to four years'' rigorous imprisonment with fine of Rs.10,000/- and in default of payment of fine to undergo sentence for three

months'' rigorous imprisonment.

Pressing this application for suspension of sentence, it is contended by learned counsel for the applicant that during trial applicant was on bail. It

is also argued by learned counsel that applicant is falsely implicated in the matter, inasmuch as, FIR itself was lodged after an inordinate delay of

three years. Learned counsel further submits that the applicant and prosecutrix were having consensual relation and therefore prima facie offence

under Section 376 IPC is not made out against him but this vital aspect is completely eschewed by the learned trial Court while appreciating the

evidence. It is with all these arguments, learned counsel has urged that the sentence handed down to the applicant be suspended pending decision

of the appeal.

Per contra, learned Public Prosecutor has vehemently opposed application for suspension of sentence. It is submitted by learned Public

Prosecutor that looking to the serious criminal delinquencies of the applicant his application for suspension of sentence is liable to be nixed.

I have bestowed my consideration to the arguments advanced at the Bar, perused impugned judgment and also gone through the record of the

case.

Having regard to the facts and circumstances of the case, while refraining to make any comment on merits of the case, I feel persuaded to

accept this application for suspension of sentence.

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 learned Additional Sessions Judge (Women Atrocities Cases) Udaipur, vide judgment dated 25.01.2018, in Sessions Case No.42/2013

against appellant-applicant, Mahendra Singh S/o Shri Doonga Ram Sevda, 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 the learned trial Judge for his appearance in this Court on 08.03.2018 and whenever ordered to do so till disposal of the appeal, on the

conditions indicated below:-

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

That if the applicant 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(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accusedapplicant 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 purposes relating to pendency and disposal of cases in the trial court. In

case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.