Rajasthan High Court - Jodhpur
Ishwar vs State on 5 January, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 890/2020
Ishwar S/o Sh. Rughji Meena, Aged About 22 Years, Village
Pondra Fala, Siramhudi, Police Station Kalinjara, District
Banswara (Raj.). (At Present Lodged At Central Jail Udaipur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora - on video call
For Respondent(s) : Ms. Anita Gehlot PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/01/2021
Heard. Admit
Heard counsel for the appellant as well as learned Public
Prosecutor and perused the material available on record.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, appellant was on bail during the trial, 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 filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Special Judge POCSO
Act Cases, 2012 and Commissions for Protection of Child Rights
Act, 2005 Dungarpur vide judgment dated 28.10.2020 in Sessions
Case No.124/2018 (CIS No.124/2018) against the appellant-
applicant Ishwar S/o Sh. Rughji Meena shall remain suspended till
final disposal of the aforesaid appeal subject to the condition that
the appellant shall deposit the fine amount as imposed by the
(2 of 2) [SOSA-890/2020]
learned trial Court and he will be released on bail, provided he
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 05/02/2021 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
20-Anshul/-
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