Rajasthan High Court - Jodhpur
Dinesh vs State on 24 June, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 101/2021
IN
S.B. Criminal Appeal No.532/2020
Dinesh S/o Sh. Bheema Ram, Aged About 27 Years, By Caste
Sargara, R/o Bhallro Ka Bada, Police Station Samdari, District
Barmer. (Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Aziz Khan, on VC
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE)
Order
24/06/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Heard learned counsel for the parties and perused the
impugned order.
Counsel for the appellant points out the custody certificate
dated 14.04.2021, in which, the custody undergone by the
appellant is 06 years, 04 months and 01 day, out of total sentence
awarded i.e. of 10 years' rigorous imprisonment.
Counsel for the appellant further submits that the record has
been received on merits and it is a fit case for the appellant to be
(2 of 3) [SOSA-101/2021]
released at this stage as the hearing of appeal is likely to take a
long time.
Learned PP opposed the bail application in general.
This Court on perusal of basic facts as well as looking into
the fact that out of total 10 years imprisonment, the appellant has
already undergone 06 years, 04 months and 01 day, is inclined to
suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Dinesh S/o Sh. Bheema Ram by the learned
Special Judge, Protection of Children from Sexual Offence Act
No.01, Pali by his judgment dated 19.11.2019 in Sessions Case
No.69/2018 (68/2015) shall remain suspended till final disposal of
aforesaid appeal provided he executes a personal bond for a sum
of Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
his appearance before this Court on 26.07.2021 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated 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(s) to the trial
court.
(3 of 3) [SOSA-101/2021]
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.
(DR.PUSHPENDRA SINGH BHATI),VJ.
78-Nirmala/Sanjay-
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