Hanumanram vs State Of Rajasthan
2021 Latest Caselaw 19432 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 785/2021

in

S.B. Criminal Appeal No.1181/2021

Hanumanram S/o Sh. Anoparam, Aged About 38 Years, R/o Village Bigga, Ps Sridungargarh, Tehsil Sridoongargarh, Dist. Bikaner (Raj.) (Presently Lodged At Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor on application for suspension of sentence.

By the instant application under Section 389 Cr.P.C.,

applicant-appellant has craved for suspending the sentence

handed down by Special Judge, (POCSO Act Cases), Bikaner (for

short, 'learned trial Court'), by its verdict dated 15.11.2021.

Learned trial Court, by the aforesaid verdict, punished the

applicant-appellant under Section 354 IPC and handed down

sentence of 4 years' rigorous imprisonment with fine of Rs.5,000/-

and in default of payment of fine to further undergo sentence for

(2 of 3) [SOSA-785/2021]

three months' simple imprisonment.

It is submitted by learned counsel for the applicant-appellant

that during trial, appellant was on bail; hearing of the appeal will

take long time, therefore, his sentence may be suspended.

Learned Public Prosecutor does not wish to file reply to the

application for suspension of sentences but vehemently opposed

the application for suspension of sentence but not controverted

this fact that as per record, during trial, accused-appellant was on

bail.

Having regard to the facts and circumstances of the case and

considering the fact that during trial accused-appellant was on

bail; hearing of the appeal will take 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 Special Judge, (POCSO Act Cases), Bikaner,

vide judgment dated 15.11.2021, in Sessions Case No.02/2019

against appellant-applicant, Hanumanram S/o Sh. Anoparam, shall

remain suspended till final disposal of the aforesaid appeal and he

shall be released on bail, provided he executes a personal bond in

the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

(3 of 3) [SOSA-785/2021]

the satisfaction of the learned trial Judge for his appearance in this

Court on 21.01.2022 and whenever ordered to do so till disposal

of the appeal, on the conditions indicated below:-

1. That he 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 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-

applicant was 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 applicant 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 88-Bharti/-

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