Rajasthan High Court - Jodhpur
Vinod vs State Of Rajasthan on 8 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 806/2021
in
S.B. Criminal Appeal No. 1206/2021
1. Vinod S/o Shankar Lal Jat, Aged About 21 Years, R/o
Danta Nilavari, P.S. Rayla Dist. Bhilwara.
(At Present Lodged In Dist. Jail, Bhilwara).
2. Kamlesh S/o Shankar Lal Jat, Aged About 18 Years, R/o
Danta Nilavari, P.S. Rayla Dist. Bhilwara.
(At Present Lodged In Dist. Jail, Bhilwara).
3. Smt. Indra W/o Shankar Lal Jat, Aged About 39 Years, R/
o Danta Nilavari, P.S. Rayla Dist. Bhilwara.
(At Present Lodged In Dist. Jail, Bhilwara).
----Appellants
Versus
State of Rajasthan through PP
----Respondent
For Appellant(s) : Mr. R.S. Chundawat
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
08/12/2021
Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor, on application for suspension of
sentences.
By the instant application preferred under Section 389
Cr.P.C., applicants-appellants have craved for suspending the
sentences handed down by learned Special Judge, POCSO Act
Cases No.1, Bhilwara, (for short, 'learned trial Court'), by its
(2 of 3) [CRLAS-1206/2021]
verdict dated 16.11.2021 in Sessions Case No.234/2020. Learned
trial Court, by the aforesaid verdict, convicted the applicants-
appellants for offences under Sections 452, 323 and 354 of the
Indian Penal Code and Section 7/8 of the POCSO Act.
Admit. Issue notice.
Learned Public Prosecutor is directed to accept notices on
behalf of the respondent (State).
Send for the record.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that applicants-appellants have
falsely been implicated in this case; during the trial, applicants-
appellants have been enlarged on bail; applicants-appellants have
been handed down a short sentence of three years' Simple
Imprisonment; final decision of the appeal is likely to take
considerable time, and, therefore it would not be appropriate to
keep applicants-appellants under further incarceration.
Per contra learned Public Prosecutor has opposed the
application for suspension of sentences.
Although, as per argument, trial will take sufficiently long
time, I feel inclined to accept this application for suspension of
sentence.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by learned Special Judge, POCSO Act Cases,
No.1, Bhilwara, vide judgment dated 16.11.2021, in Sessions Case
No.234/2020 against appellants-applicants, (1) Vinod, (2),
(3 of 3) [CRLAS-1206/2021]
Kamlesh and (3) Indra, shall remain suspended till final disposal of
the aforesaid appeal and they shall be released on bail, provided
each of them 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 09.01.2022 and whenever ordered to do so till disposal
of the appeal, on the conditions indicated below:-
1. That he/she will appear before the trial Court in
the month of January every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, he/she 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(s),
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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 purposes relating to
pendency and disposal of cases in the trial court. In case the said
accused applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
67-Rashi/-
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