Rajasthan High Court - Jodhpur
Mohan vs State Of Rajasthan on 21 May, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 482/2021
1. Mohan S/o Laxman, Aged About 19 Years, Mehto Ka
Parda Police Thana Sagvada District Dungarpur. (At
Present Lodged In Dist. Jail Dungarpur).
2. Banshi Lal S/o Ranga, Aged About 19 Years, Mehto Ka
Parda Police Thana Sagvada District Dungarpur.
(Sentence Already Suspended).
----Appellants
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Jitendra Ojha, on VC
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/05/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Admit.
Call for the record.
Requisition be given 'dasti' to counsel for the appellant.
List the matter for suspension of sentence of appellant no.1
Mohan as soon as the record is received.
Heard learned counsel for the parties and perused the
impugned order.
Counsel for the appellant submits that the maximum
sentence awarded to appellant no.2 Banshi Lal is of three years'
rigorous imprisonment and the sentence awarded to him has
(Downloaded on 25/05/2021 at 08:27:40 PM)
(2 of 3) [CRLAS-482/2021]
already been suspended temporarily by the learned trial court
itself. He, therefore, prays that the sentence of appellant no.2
may be continued to be suspended during pendency of appeal.
Learned Public Prosecutor opposed the application.
Having considered all the facts and circumstances of case,
without making any observation on the merits of case, we are
inclined to suspend the sentence of the appellant(s).
Accordingly, S.B. Suspension of Sentence (Appeal) No.
341/2021 filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by learned Special Judge,
Prevention of Children from Sexual Offences Act, Dungarpur vide
judgment dated 27.04.2021 in Sessions Case No.30/2020 (C.I.S.
No.30/2020) against appellant no.2 Banshi Lal S/o. Ranga
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 07.07.2021
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. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
(Downloaded on 25/05/2021 at 08:27:40 PM)
(3 of 3) [CRLAS-482/2021]
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 said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
91-/Jitender/Sanjay/-
Powered by TCPDF (www.tcpdf.org)
