Rajasthan High Court - Jodhpur
Om Prakash @ Mangi vs State Of Rajasthan on 11 May, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 298/2021
Om Prakash @ Mangi S/o Sh. Pala Ram, Aged About 25 Years,
B/c Meghwal, R/o Village Surera, Tehsil Elnabad P.s. Elnabad,
Dist. Sirsa (Haryana). (At Present Lodged In Central Jail, Sri
Ganganagar).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. R.S. Choudhary through VC
For Respondent(s) : Mr. Mool Singh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/05/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
respondent-State
Heard on application of suspension of sentence
No.246/2021.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, including the facts that the appellant is behind the
bars since 13/02/2016 and he has served more than five years of
sentence out of total sentence of seven years and hearing of the
appeal will take sufficient long time to be concluded, this court is
of the opinion that it is a fit case for suspending the substantive
sentence awarded to the accused appellant.
(2 of 3) [CRLAS-298/2021]
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 Sessions Judge,
Special Court, POCSO Act Cases No.1, Shri Ganganagar, vide
judgment dated 02.03.2021 in Sessions Case No.239/2018
(229/2018) against the appellant-applicant Om Prakash @ Mangi
S/o Shri Pala Ram 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 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 12.07.2021 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
(3 of 3) [CRLAS-298/2021]
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
62-Samvedana/-
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