Sher Singh vs State Of Rajasthan
2021 Latest Caselaw 16093 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 828/2021

Sher Singh S/o Amar Singh, Aged About 25 Years, R/o Padam Singh Nagar Samrau P.s. Lohawat Dist. Jodhpur. (At Present Lodge In Central Jail, Jodhpur).

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

----Respondent

For Appellant(s) : Mr. Dhanraj Vaishnav. For Respondent(s) : Mr. Javed Garui, Pp

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 23/10/2021

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

the appellant-State.

Heard on application for suspension of sentence No.556/2021.

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 fact that the appellant was on bail during the

trial and the hearing of the appeal will take sufficient long time, 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 sentence passed by the Learned Special Judge,

Protection of Child from Sexual Offence Act 2012 & Commission for

Protection of Child Rights Act, 2005, Jodhpur District, vide judgment

dated 24.08.2021 in Sessions Case No.84/2018 (CIS No.84/2018)

against the appellant-applicant Sher Singh S/o Amar Singh shall

(2 of 2) [CRLAS-828/2021]

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 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 6-Samvedana/-

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