Manoj Kumar @APPELLANT@Hash State of Rajasthan & Ors.

Heard learned counsel for the parties on S.B. Criminal Suspension of Sentence Application No.535/2018.

Learned counsel for the appellant has submitted that the trial court in its judgment has held that only co-accused Daularam has committed rape upon

the prosecutrix. It is contended that the appellant has been convicted by the trial court while holding that he helped Daularam in committing rape upon

the prosecutrix. It is submitted that case of the appellant is distinguishable from that of co-accused Daularam. Learned counsel for the appellant has

also submitted that appellant has undergone around seven years and ten months of sentence out of the maximum ten years of sentence. It is further

submitted that hearing of the appeal will take time, therefore, sentence awarded to the appellant-Manoj Kumar be suspended.

Learned Public Prosecutor has opposed the prayer of the learned counsel for the appellant.

Having taken into consideration the fact that allegation of commission of rape on the prosecutrix is against Daularam only and allegation against the

appellant is of helping co-accused Daularam and the appellant has already undergone sentence of around seven years and ten months out of maximum

sentence of ten years, 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.535/2018 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 16.03.2018 in Sessions Case No.02/2011 against appellant Manoj Kumar S/o Shri

Likhmaram 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.