Rakesh vs State Of Rajasthan
2021 Latest Caselaw 7741 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 228/2021

Rakesh S/o Shrawan Kumar, Aged About 36 Years, B/c Sen, R/o I.t.i. Road, Mandela Road, P.s. Sujangarh, Dist. Churu. (At Present Lodged In Central Jail, Jodhpur).

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Sudhir Sarpuria For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

18/03/2021

Heard. Admit.

Heard on application of suspension of sentence

No.204/2021.

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 application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Judge, Special Court, POCSO ACT-2012, Jodhpur Metropolitan, vide judgment dated 17.02.2021 in Sessions Case No.43/2018 against the appellant- applicant Rakesh S/o Shrawan Kumar shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant will deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided he

(2 of 2) [CRLAS-228/2021]

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 19.04.2021 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 2-Samvedana/-

Powered by TCPDF (www.tcpdf.org)