Sandeep @ Sendi vs State
2021 Latest Caselaw 7367 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 237/2021

Sandeep @ Sendi S/o Shishpal, Aged About 26 Years, By Caste Meena, R/o Ward No. 15, Sardarshahar, Tehsil Sardarshahar, District Churu. (At Present Lodged In District Jail Churu).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr.Om Rajpurohit, Adv. For Respondent(s) : Mr.S.S.Rajpurohsit, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

16/03/2021

Heard learned counsel for the appellant as well as learned

public prosecutor.

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-

appellant.

Accordingly, the bail application filed by the appellant under

Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the learned Special Judge, POCSO Act Cases,

Churu vide judgment dated 14.02.2020 in Sessions Case

No.58/2018 (08/2016)(30/2016) against the accused-appellant

Sandeep @ Sendi S/o Shishpal shall remain suspended till final

disposal of the aforesaid appeal. The appellant shall be released

(2 of 2) [SOSA-237/2021]

on bail 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 before

this court on 16.04.2021 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 appellant 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. That similarly, if the sureties change their addresses, 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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was 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

accused-appellant does not 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

155-NK/-

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