Rajasthan High Court - Jodhpur
Heer Das @ Shakta Ram vs State Of Rajasthan on 26 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 166/2021
Heer Das @ Shakta Ram S/o Ghewar Ram, Aged About 50 Years,
By Caste Nayak, R/o Gaderi, Presently R/o Baba Heer Das Ka
Dhuna, Nyako Ki Dhani, Bhopalgarh, District Jodhpur. (Presently
Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Bajrang Singh Charan.
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
26/10/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Learned counsel for the appellant submitted that the
appellant has already undergone 9 years 1 month and 24 days,
and the hearing of the appeal is likely to take a sufficient long
time.
Per contra, learned Public Prosecutor has opposed the prayer
of the appellant. He has submitted custody certificate of the
appellant dated 02.10.2021, in which it is mentioned that the
appellant has already served for more than nine years of
imprisonment.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
(2 of 3) [SOSA-166/2021]
of the case, 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, Jodhpur, vide judgment dated 29.04.2017 in Session
Case No.8/2017 (311/2017) (95/2013) against the appellant-
applicant Heer Das @ Shakta Ram S/o Ghewar Ram shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail subject to deposit the fine amount as imposed by
the learned trial Court, 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 26.11.2021 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
(3 of 3) [SOSA-166/2021]
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
183-prashant/-
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