Rajasthan High Court - Jodhpur
Kuldeep Singh vs State on 6 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 173/2021
Kuldeep Singh S/o Gurdev Singh, Aged About 26 Years, By Caste
Bawari, R/o 3 M L D (B) Tehsil Gharsana, District Sri
Ganganagar. (At Present Lodged In Central Jail Sri Ganganagar).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. S.K. Verma
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/04/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that at the time of
occurrence prosecutrix is aged about 17 years and the appellant is
in custody for more than eight years.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge
(POCSO) (Special Judge SC/ST, Prevention of Atrocity, Cases, Sri
(2 of 2) [SOSA-173/2021]
Ganganagar, vide judgment dated 03.06.2017 in Sessions Case
No.145/2016 (38/16) against the appellant-applicant Kuldeep
Singh S/o Gurdev Singh, shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail subject to
deposit the fine amount as imposed by the learned trial Court,
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 06.05.2021
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
175-Ishan/-
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