Kishanlal vs State Of Rajasthan
2021 Latest Caselaw 16096 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 377/2021

Kishanlal S/o Shri Sohanlal @ Koliram, Aged About 40 Years, By Caste Paliwal, R/o Badi Morwad, Rajnagar, Dist. Rajsamand. (At Present Lodged At District Jail Rajsamand).

----Appellant Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Appellant(s)         :     Mr. SS Sisodia
For Respondent(s)        :     Mr. Javed Gauri, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                    Order

23/10/2021

     Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

respondent-State.

Heard on application for suspension of sentence No.300/2021.

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 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 sentence passed by the Learned Special Judge, POCSO

ACT Cases, Rajasamand, vide judgment dated 19.03.2021 in

Sessions Case No.08/2020 against the appellant-applicant Kishanlal

(2 of 2) [CRLAS-377/2021]

S/o Shri Sohanlal @ Koliram 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 25.11.2021 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

2-Samvedana/-

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