Dita vs State Of Rajasthan
2021 Latest Caselaw 16188 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 634/2021

1. Dita S/o Bhera, Aged About 20 Years, R/o Radavera Fali, Thandiveri, Police Station Pindwara District Sirohi. (At Present Lodged In District Jail, Sirohi)

2. Talsa S/o Vala, Aged About 32 Years, R/o Radavera Fali, Thandiveri, Police Station Pindwara District Sirohi. (At Present Lodged In District Jail, Sirohi)

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

----Respondent

For Petitioner(s) : Mr. Sravan Sainee For Respondent(s) : Mr. Budharam Bishnoi, PP Mr. Avinash Godara

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 25/10/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, appellants was on bail during the trial, this court is of

the opinion that it is a fit case for suspending the substantive

sentence awarded to the accused appellants.

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, Sirohi, vide judgment dated 31.08.2021 in Sessions

Case No.55/2018 against the appellants-applicants (1) Dita S/o

Bhera & (2) Talsa S/o Vala, shall suspended till final disposal of the

(2 of 2) [SOSA-634/2021]

aforesaid appeal subject to the condition that the appellants shall

deposit the fine amount as imposed by the learned trial Court and

they will be released on bail, provided they execute 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

their 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. Appellants 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 154-Ishan/-

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