Rajasthan High Court - Jodhpur
Ganpat Ram vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 498/2021
Ganpat Ram S/o Shri Rughnath Ram, Aged About 40 Years, R/o
Nandiya Khurd, Kherapa Police Station, Distt. Jodhpur. (Confined
In District Jail, Merta)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Teja Ram
For Respondent(s) : Mr. Budharam Bishnoi, PP with
Mr. Avinash Godara
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/10/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that the
prosecutrix roaming with the petitioner at so many places.
Counsel further submits that the during the trial appellant was on
bail.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellant.
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
(2 of 3) [SOSA-498/2021]
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, Merta, vide judgment dated 04.08.2021 in Sessions
Case No.4/2018 (63/2016) (35/2013) against the appellant-
applicant Ganpat Ram S/o Shri Rughnath Ram shall suspended till
final disposal of the aforesaid appeal subject to the condition that
the appellant shall 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
(3 of 3) [SOSA-498/2021]
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
152-Ishan/-
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