Rajasthan High Court - Jodhpur
Vijay @ Brijlal vs State Of Rajasthan on 16 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 779/2021
In
S.B. Criminal Appeal No.1172/2021
Vijay @ Brijlal S/o Jiyaram, Aged About 32 Years, R/o Village
Panchu, Tehsil Nokha, District Bikaner.
(At Present lodged in Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. V.N. Kalla
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/12/2021
This present application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Vijay @ Brijlal, who has been convicted and sentenced
by the learned Special Judge, POCSO Act, Bikaner vide judgment
dated 20.11.2021 passed in Sessions Case No.73/2018, CIS
No.73/2018.
Heard learned counsel appearing for the appellant-applicant
and learned Public Prosecutor and perused the material available
on record.
Learned Public Prosecutor does not wish to file reply to the
application filed for suspension of sentence.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel for the applicant-appellant that
(2 of 3) [SOSA-779/2021]
appellant has been convicted by learned court below for the
offences under Sections 363, 366, 354 of IPC and sentenced him
four years S.I. & a fine of ₹5,000/-, Section 7/8 of POCSO Act for
four years S.I. & a fine of ₹5,000/-&; during trial, applicant-
appellant was on bail. Lastly, learned counsel appearing for the
applicant-appellant has submitted that hearing of the appeal is
likely to take time.
Per contra, learned Public Prosecutor opposed the application
for suspension of sentences of the applicant-appellant but not
controverted the arguments advanced by learned counsel for the
appellant.
Having regard to the facts and circumstances of the case,
particularly to the facts that during trial, accused applicant-
appellant was on bail and hearing of the appeal is likely to take
time in near future, therefore, without expressing any opinion on
the merits/demerits of the case, this Court is inclined to suspend
the sentences awarded to the applicant-appellant.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
POCSO Act, Bikaner vide judgment dated 20.11.2021 passed in
Sessions Case No.73/2018, CIS No.73/2018 against the appellant-
applicant - Vijay @ Brijlal S/o Jiyaram shall remain suspend till
the final disposal of the aforesaid appeal and he shall be released
on bail subject to the condition that he shall furnish a personal
bond in the sum of ₹50,000/- with two sound and solvent sureties
of ₹25,000/- each to the satisfaction of the learned trial Judge for
his appearance in this Court on 17.01.2022 and whenever ordered
(3 of 3) [SOSA-779/2021]
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.
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.
(DEVENDRA KACHHAWAHA),J
70-Arvind/-
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