Mahaveer vs State
2021 Latest Caselaw 6684 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 632/2018

Mahaveer S/o Shri Mohanlal Sharma, resident of Nandsha Jageer, P.O. Raipur, District Bhilwara.

----Petitioner Versus State of Rajasthan.

----Respondent

For Petitioner(s) : Mr. Bhagat Dadhich. For Respondent(s) : Mr. Sudhir Tak, P.P.

Mr. V.N. Kalla.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

05/03/2021

Heard learned counsel for the parties and perused the record

of the case.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case as also the fact that the appellant is in custody for last

more than eight years out of total sentence of ten years, this

Court is of the opinion that it is a fit case for suspending the

substantive sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentence passed by

the learned Special Judge POCSO Act Cases, Bhilwara, vide

judgment dated 11.06.2015 in Sessions Case No.57/2013 against

the appellant-applicant Mahaveer S/o Shri Mohanlal Sharma, shall

remain suspended till final disposal of the aforesaid appeal and he

(2 of 2) [SOSA-632/2018]

shall be released on bail subject to deposit the fine amount as

imposed by the learned trial Court, 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 in this court on 05.04.2021 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 163-Prashant/-

Powered by TCPDF (www.tcpdf.org)