Vishnu Kumahar vs State Of Rajasthan

Heard learned counsel for the appellant as well as learned public prosecutor and perused the record of the case.

Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellant is in judicial custody since

26.12.2016, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the

learned Additional Sessions Judge (Women Atrocities Cases), Bikaner vide judgment dated 18.12.2018 in Sessions Case No.20/2017 against the

accused- appellant Vishnu Kumahar S/o Bhera Ram shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal

bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance before this

court on 19.08.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That the appellant will furnish an undertaking to the effect that he will not harass her wife Santosh (PW-1) and keep himself away from the mohalla

where her wife resides.

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 addresses, 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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.