HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Crl.Misc.2nd Suspension Of Sentence Appli. No. 1095/2022 in S.B.Criminal Appeal No.420/2021 Mangtu Ram S/o Sh. Om Prakash, Aged About 30 Years, R/o P.S. Srivijaynagar, Dist. Sriganganagar (Raj.). (At Present Lodged In Central Jail, Sri Ganganagar).
----Petitioner Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr.Ram Kumar Bohra, Adv. For Respondent(s) : Mr.Mukhtiyar Khan, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 02/01/2023 This is the second application under Section 389 Cr.P.C. preferred by the appellant seeking suspension of his sentence. The first SOS application of the appellant was dismissed by this Court vide order dt. 27.10.2021 as not pressed with liberty to file a fresh application after a period of one year.
Learned counsel for the appellant submits that one year has already passed after the rejection of first SOS application of the appellant. It is contended that the prosecutrix was examined in the court as PW-5 and there are material contradictions, omissions and improvements in her statement. It is further contended that the appellant has already served 6 years and 7 months of imprisonment and hearing of the appeal is likely to take a long (Downloaded on 02/01/2023 at 08:33:38 PM) (2 of 3) [SOSA-1095/2022] time. In these circumstances, the sentence awarded to the appellant may be suspended during the pendency of the appeal.
Per contra, learned Public Prosecutor has opposed the prayer of the appellant but concurred the fact that till date, the appellant has already undergone the sentence of 6 years and 7 months.
Having heard the learned counsel for the parties, this Court is of the opinion that the appeal preferred by the appellant against the impugned judgment is not likely to be heard in near future and as the appellant has already undergone more than 6 years years of sentence, this application for suspension of sentence filed by the appellant deserves to be allowed.
Accordingly, this bail application under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Sessions Judge, Special Court, POCSO Act Cases and Commission for Child Rights Act, 2005 No.1, Sri Ganganagar vide judgment dated 20.03.2021 in Sessions Case No.67/2018 against accused-appellant Mangtu Ram S/o Sh. Om Prakash shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount. The appellant shall 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 02.02.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1. That he 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, he 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, (Downloaded on 02/01/2023 at 08:33:38 PM) (3 of 3) [SOSA-1095/2022] they will give in writing their changed address to the trial Court.
4. The appellant shall deposit fine amount as imposed by 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 doesnot 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 151-NK/-(Downloaded on 02/01/2023 at 08:33:38 PM)
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