HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 145/2020 Mohsin S/o Shri Ayub Sheikh, Aged About 27 Years, By Caste Muslim, R/o Madar Colony, Banswara Kotwali Police Station, Banswara, District Banswara. (Confined In Central Jail Udaipur).
----Petitioner Versus State, Through P.p.
----Respondent For Petitioner(s) : Mr. Niranjan Singh For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 29/07/2021 Heard counsel for the appellant as well as learned Public Prosecutor.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant is behind the bars since 24.04.2015 and hearing of the appeal will take sufficient long time to be concluded, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.
Accordingly, the second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, POCSO Act Cases, Banswara, vide judgment dated 05.03.2018 in Sessions Case No.23/2016 against the appellant-applicant Mohsin S/o Shri (Downloaded on 29/07/2021 at 08:59:41 PM) (2 of 2) [SOSA-145/2020] Ayub Sheikh shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 31.08.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
4. Appellant shall deposit the fine amount as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant(s) was/were 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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 38-Ishan/-
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