Citation : 2021 Latest Caselaw 9129 Raj
Judgement Date : 8 April, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 373/2021
Leela D/o Shri Ramchandra W/o Raju Regar, Aged About 24 Years, By Caste Regar, R/o Indra Colony, Rayla, Police Station Rayla, District Bhilwara.
----Appellant Versus State Of Rajasthan, Through P.p.
----Respondent For Appellant(s) : Mr. Ashok Kumar For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
08/04/2021
Heard.
Admit. Call for record.
Heard on application for Suspension of Sentence
No.298/2021.
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 is
allowed and it is ordered that the substantive sentence passed by
the learned Special Judge POCSO Act Cases, No.2, Bhilwara vide
judgment dated 15.03.2021 in Criminal Misc. Case No.65/2020
(92/2020) out of Sessions Case No.134/2020 against the
appellant-applicant Leela D/o Shri Ramchandra, W/o Raju Regar
shall remain suspended till final disposal of the aforesaid appeal
and she shall be released on bail subject to deposit the fine
(2 of 2) [CRLAS-373/2021]
amount as imposed by the learned trial Court, provided she
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 her appearance in this court on 10.05.2021 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 6-nidhi/-
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