Rajasthan High Court - Jodhpur
Puran Singh vs State Of Rajasthan on 20 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 951/2021
Puran Singh S/o Sh. Shiv Lal, Aged About 43 Years, B/c Rajput,
R/o Gudia, Raipur Police Station, Dist. Pali.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Dilip Singh Udawat
For Respondent(s) : Mr. Anees Bhurat PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
respondent-State.
Call for record.
Heard on application of suspension of sentence No.651/2021.
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 long 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.
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), No.3, Pali, vide judgment dated 22.09.2021
in C.I.S. No.68/2020 against the appellant-applicant Puran Singh
S/o Sh. Shiv Lal shall remain suspended till final disposal of the
(2 of 2) [CRLAS-951/2021]
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/- each with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this court on 22.11.2021 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
7-Samvedana/-
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