HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 2763/2019
1. Aatmaram S/o Shri Hardev, Aged About 27 Years, R/o
Lidhi, Police Station Mangliyavas, Distt. Ajmer Raj. (At
Present Confined In Distt. Jail Ajmer)
2. Shivraj S/o Shri Hardev, Aged About 22 Years, R/o Lidhi,
Police Station Mangliyavas, Distt. Ajmer Raj. (At Present
Confined In Distt. Jail Ajmer)
----Appellants
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr.Sandeep Kumar Maheshwari, ADv. For Respondent(s) : Mr.Imran Khan, Public Prosecutor.
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 22/08/2022 Admit.
Heard on applications for Suspension of Sentence No.674/2021 & 877/2020.
Learned counsel for the appellants has pointed out from the judgment and record that the alleged offence was not found to be made out against the present appellants. Learned counsel for the appellants submits that according to the impugned judgment dated 05.11.2019, the present appellants have been convicted from the offence under Sections 363, 366, 344, 346, 376 (2)(i)
(n), 376(D) of IPC and Sections 3/4, 5(l)/6, 5(g)/6 of POCSO Act, 2012.
Learned Public Prosecutor opposes the suspension of sentence applications.
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(2 of 3) [CRLAS-2763/2019] Since, the appellants are in custody since long and final adjudication of the present appeal is likely to take time, without going into the merits/demerits of the case, this Court deems it appropriate to grant the suspension of sentence.
Heard learned counsel for the parties and perused the record of the case.
Accordingly, the present Suspension of Sentence applications are allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 05.11.2019 in Session Case No.70/2018 (30/2018) against appellants-Aatmaram S/o Shri Hardev & Shivraj S/o Shri Hardev, shall remain suspended till final disposal of the aforesaid appeal, provided both of them execute a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 22.09.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1.That they will appear before the trial Court in the month of January of every year till the appeal is decided.
2.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.
3.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-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in (Downloaded on 25/08/2022 at 09:38:57 PM) (3 of 3) [CRLAS-2763/2019] which the accused-appellants 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 appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(KULDEEP MATHUR), J Himanshu Soni/48 (Downloaded on 25/08/2022 at 09:38:57 PM) Powered by TCPDF (www.tcpdf.org)