Rajasthan High Court - Jodhpur
Chetan Lal vs State Of Rajasthan on 26 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 850/2021
Chetan Lal S/o Ramesh, Aged About 18 Years, Age 18 Years 2
Months, R/o Pogra Phala Khurd Police Thana Kherwada, District
Udaipur. (At Present Lodged In District Jail, Dungarpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
respondent-State.
Heard on application for suspension of sentence
No.565/2021.
Counsel for the petitioner submits that prosecutrix has been
examined as PW-2 and she declared hostile. He further submits
that appellant was on bail during the trial.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
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
(2 of 3) [CRLAS-850/2021]
substantive sentences passed by the learned Children Court
Dungarpur (Special Judge of Protection of Children from Sexual
Offences Act), in Criminal (Session) Case No.32/20 (CIS
No.32/20), vide judgment dated 02.09.2021 against the
appellant-applicant Chetan Lal S/o Ramesh shall remain
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 29.11.2021
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
(3 of 3) [CRLAS-850/2021]
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
12-Samvedana/-
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