Rajasthan High Court - Jodhpur
Kishanlal vs State on 12 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 20/2021
Kishanlal S/o Ramlal, Aged About 21 Years, B/c Ahir, R/o
Mangalwad P.s. Mangalwad Dist. Chittorgarh.
----Appellant
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Umesh Shrimali
For Respondent(s) : Mr. Mukhtiyar Khan PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/01/2021
Heard. Admit.
Call for record.
Heard on application of suspension of sentence No.12/2021.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellants.
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 Court
(POCSO Act Cases, 2012), Distt. Chittorgarh, vide judgment dated
08.12.2020 in Sessions Case No.17/2018 (106/2016) against the
appellant-applicant Kishanlal S/o Ramlal 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
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
(2 of 2) [CRLAS-20/2021]
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 12/02/2021 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
46-Anshul/-
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