Karni vs State Of Rajasthan
2021 Latest Caselaw 19204 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 870/2021

Karni S/o Bhanwar Lal, Aged About 32 Years, B/c Nayak, R/o Ward No. 1 Sadhawali Kat, Police Station Keshrisinghpur, District Sri Ganganagar (Raj.) (At Present Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Suresh Nehra

For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/12/2021

Heard learned counsel for the parties and perused

the impugned judgment.

Learned counsel for the appellant has submitted that

the trial court has convicted and sentenced four co-

accused persons by the impugned judgment. It is further

submitted that out of those four co-accused persons,

sentence of two co-accused persons namely Sonu @

Jagdish and Bhanwar Lal has been suspended by a Co-

ordinate Bench of this Court. Learned counsel has

submitted that the trial court has awarded ten years of

sentence to the applicant, however, he is in custody since

more than five years. It is also submitted that hearing of

the appeal is likely to take time in near future.

                                         (2 of 3)                  [SOSA-870/2021]


    Learned        Public       Prosecutor             has      opposed     the

application for suspension of sentences.

Having considered the overall facts and

circumstances of the case; substantial grounds taken in

the appeal, this Court is of the opinion that there are

strong grounds for challenging the judgment of conviction

and as hearing of the appeal is likely to take time,

without commenting on the merits of the case, this Court

is inclined to suspend the sentences awarded to the

appellant.

Accordingly, this second application for suspension of

sentence is allowed and it is directed that the sentences

awarded to appellant/s - Karni S/o Bhanwar Lal by the

Special Judge, POCSO Act Cases, Sri Ganganagar by

judgment dated 20.2.2018 in Sessions Case No.175/2016

shall remain suspended till final disposal of the appeal

provided he/she/they execute(s) a personal bond in the

sum of Rs.50,000/- along with two sound and solvent

sureties in the sum of Rs.25,000/- each to the

satisfaction of the trial court for his/her/their appearance

before this Court on 27.1.2022 and whenever called upon

to do so till the disposal of the appeal on the conditions

indicated below:-

(3 of 3) [SOSA-870/2021]

(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(s) to the 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.

(VIJAY BISHNOI),J

29-Arun/-

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