Rajasthan High Court - Jodhpur
Satpal Soni vs State Of Rajasthan on 5 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 536/2020
Satpal Soni S/o Ramchandra Soni, Aged About 40 Years, R/o
Patelnagar P.s. Sadar Firojpur Dist. Firojpur (Punjab). (Presently
Lodged In Central Jail, Sriganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Anda Ram Choudhary, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
05/07/2021
The instant application for suspension of sentence
under Section 389 CrPC is preferred on behalf of the appellant-
applicant Satpal Soni S/o Ramchandra Soni, who has been
convicted and sentenced for the offences under Sections 354 IPC
and Section 7/8 of the POCSO Act vide the judgment dated
01.02.2020 passed by learned Special Judge, POCSO Act Cases
and Commission for Protection of Child Right Act, 2005, No.1, Sri
Ganganagar in Special Sessions Case No.79/2018.
The appellant is in custody since 06.09.2017. After
hearing the arguments advanced by the learned counsel for the
parties and going through the entire record, there do appear to be
substantial grounds available to the appellant for assailing the
impugned judgment. Hearing of the appeal at this stage is
unlikely.
(2 of 3) [SOSA-536/2020]
In this background and having regard to the prolonged
custody period suffered by the appellant, this court is of the
opinion that it is a fit case for grant of indulgence of bail to the
appellant-applicant by suspending the sentences awarded to him
by the trial court during the pendency of the appeal.
Accordingly, the application for suspension of sentences
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, POCSO Act Cases
and Commission for Protection of Child Right Act, 2005, No.1, Sri
Ganganagar vide judgment dated 01.02.2020 in Special Sessions
Case No.79/2018 against the appellant-applicant Satpal Soni S/o
Ramchandra Soni 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 the satisfaction of the learned trial
Judge for his appearance in this court on 06.08.2021 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 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 the 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
(3 of 3) [SOSA-536/2020]
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 does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP MEHTA),J
104-Pramod/-
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