Sheru Banzara vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

Heard learned counsel for the parties.

Learned counsel for the appellant submits that the prosecutrix was 85 years of age. Learned counsel further submits that the initial allegation did not include allegation of rape. Learned counsel also submits that the petitioner is in custody since 02.08.2018. Learned counsel further submits that the prosecutrix was not examined as she expired before her statement.

Learned Public Prosecutor opposes the suspension of sentence application.

This Court, on conjointly looking into the fact that the prosecutrix could not be examined; the age of the prosecutrix was 85 years; and the initial version slightly doubtful, deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

Accordingly, this suspension of sentence application filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 07.09.2021 in Sessions Case No.10/2018 against appellant-Sheru Banzara S/o Shri Shanker Lal Banzara shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in a 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 29.08.2022 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, they 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 do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.