Govardhan @ Govind vs State Of Rajasthan
2021 Latest Caselaw 658 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 988/2020

Govardhan @ Govind S/o Shri Kishan Lal, Aged About 22 Years, B/c Prajapat, R/o Ginaniwas, Near Dholiyan Kua, Balaji Temple Ward No. 04, Sardarshahar, Distt. Churu (At Present Lodged In Central Jail , Jodhpur )

----Appellant Versus State Of Rajasthan through PP

----Respondent

For Appellant(s) : Mr.Pradeep Shah, Adv. For Respondent(s) : Mr.Sudheer Tak, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

11/01/2021

Heard.

Admit.

Heard learned counsel for the appellant and learned public

prosecutor on Application for Suspension of Sentence

No.816/2020.

Having considered the totality of facts and circumstances of

the case and keeping in view the fact that the appellant was on

bail during trial, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.

Accordingly, the bail application filed by the appellant under

Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the learned Special Judge, Protection of

Children from Sexual Offences Act, 2012 and Child Right

Protection Commission Act, 2005 No.1, Pali vide judgment dated

03.11.2020 in Sessions Case No.38/2019 against the accused-

(2 of 2) [CRLAS-988/2020]

appellant Goverdhan @ Govind S/o Kishan Lal shall remain

suspended till final disposal of the aforesaid appeal subject to

depositing the fine amount. The appellant shall 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 before this court on

11.02.2021 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant 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. That similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

4. That the appellant shall deposit the fine amount as directed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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 purpose relating to

pendency and disposal of cases in the trial court. In case the

accused-appellant does not 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

38-NK/-

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