Citation : 2021 Latest Caselaw 8650 Raj
Judgement Date : 30 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 240/2021
Surendra Singh @ Koop Singh S/o Khim Singh Rawat, Aged About 22 Years, R/o Nedi, P.s. Bhim, Dist. Rajsamand. (Presently Lodged In District Jail, Rajsamand).
----Appellant Versus State, Through Pp
----Respondent
For Appellant(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
30/03/2021
Heard. Admit.
Heard on application of suspension of sentence
No.217/2021.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, appellant was on bail during the trial, 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 Special Judge, Pocso Act Cases, Rajsamand, vide judgment dated 22.02.2021 in Session Case No.37/2019 against the appellant-applicant Surendra Singh @ Koop Singh S/o Khim Singh Rawat 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,
(2 of 2) [CRLAS-240/2021]
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 30.04.2021 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 3-Samvedana/-
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