Rajasthan High Court - Jodhpur
Mungla vs State Of Rajasthan on 15 July, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 274/2021
Mungla S/o Hinduji, Aged About 24 Years, B/c Garasiya, R/o Vill.
Bhogiyafali Moras, P.s. Pindwara, Dist. Sirohi (At Present Lodged
At District Jail, Sirohi).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. BS Deora
For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/07/2021
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case, including the fact that sentence of the co-accused Jora
Ram has already been suspended by this court vide order dated
04.09.2020 and since the petitioner has been inside the jail for
seven years and three months. The hearing of the appeal will take
sufficient long time. Hence this Court is of the opinion that it is a
fit case for suspending the substantive sentence awarded to the
accused appellant.
Learned Public Prosecutor opposed the prayer made by the
counsel for the petitioner.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge POCSO
(2 of 2) [SOSA-274/2021]
Act 2012, Sirohi, vide judgment dated 20.11.2019 in Sessions
Case No.3/2018 (34/2017) (12/2014), CIS No.03/2018 against
the appellant-applicant (1) Mungla S/o Hinduji, shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail subject to deposit the fine amount as imposed
by the learned trial Court, provided they execute 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 their appearance
in this court on 16.08.2021 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
30-nidhi/-
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