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Rajesh Kumar vs State on 14 January, 2020

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 72/2020

Rajesh Kumar S/o Sh. Krishnalal, Aged About 29 Years, B/c Nai,
R/o 59-F, Police Station Gajsinghpur, Sriganganagar (Raj.).

State of Rajasthan


For Petitioner(s) : Mr.Rajesh Panwar, Adv.

Mr.Ayush Gehlot, Adv.

Mr.Prashant Panwar, Adv.

For Respondent(s) : Mr.R.R.Chhaparwal, PP


Judgment / Order

This is the bail application under Section 389 of the Cr.P.C.

preferred on behalf of accused-applicant for suspension of

sentence awarded to him by learned Special Additional Sessions

Judge, (Domestic Violence Dowsry Cases), Sri Ganganagar in

Sessions Case No.24/2014 vide judgment dated 23.02.2015

whereby he has been convicted and sentenced for offence under

Sections 304-B, 306 498A IPC.

Learned counsel for the appellant has submitted that the trial

court has grossly erred in convicting the accused-appellant for the

offences punishable under Sections 304-B, 306 and 498-A IPC. It

is submitted that the marriage of the appellant was solemnized

with the deceased on 12.05.2013 and she committed suicide on

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27.01.2014. Learned counsel has submitted that the parents of

the deceased, though in their court statements, levelled allegation

of demand of dowry on the part of the appellant but they

improved a lot from their statements recorded during the course

of police investigation. It is further submitted that the deceased

had committed suicide as she was disturbed from day to day

intervention of her family members in her matrimonial life.

Learned counsel has also submitted that though the parents and

other relatives of the deceased in the court statements had

alleged that the appellant had assaulted the deceased before

committing her murder but as per the postmortem report, no such

injury except a ligature mark was found on the body of the

deceased. Learned counsel has further submitted that from the

postmortem report as well as the statement of the doctors who

conducted the postmortem, it is clear that the cause of death was

asphyxia due to hanging. It is also submitted that the appellant is

in custody since 29th January, 2013 and hearing of the appeal will

take a long time.

Learned Public Prosecutor has opposed the bail application.

Having heard the learned counsel for the applicant and after

going through the record of the case, without expressing any

opinion on the merit of the case, this Court deems it proper to

suspend the substantive sentence of the applicant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

learned Special Additional Sessions Judge, (Domestic Violence

Dowsry Cases), Sri Ganganagar in Sessions Case No.24/2014 vide

judgment dated 23.02.2015 against the accused-applicant Rajesh

Kumar S/o Sh. Krishnalal, shall remain suspended till the final

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disposal of the aforesaid criminal appeal provided he/she executes

a personal-bond in the sum of Rs.1,00,000/- along with two

sureties in the sum of Rs.50,000/- each to the satisfaction of the

learned trial court for his appearance before this court on

18.02.2020 and whenever ordered to do so till the disposal of the

appeal on the following conditions:-

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

2. That if he changes the place of residence, he/she will
give the changed address in writing to the trial court,
High Court as well as to his counsel in the High Court.

3. Similarly if sureties change their address, he will give in
writing their changed address to the trial court.

The learned trial court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to the Sessions Case in which the

accused-applicant 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-applicant does not appear before the trial

court, the learned trial judge shall report the matter to the High

Court for cancellation of bail.



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