Rajasthan High Court - Jodhpur
Mahendra vs State Of Rajasthan on 22 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1295/2022
1. Kailash S/o Kanti Lal, Aged About 25 Years, Mahuval P.s.
Pahada Dist. Udaipur. (Sentence Already Suspended).
2. Satish S/o Hira Lal, Aged About 20 Years, Mahuval P.s.
Pahada Dist. Udaipur. (Sentence Already Suspended).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 1294/2022
Mahendra S/o Padam Chand, Aged About 24 Years, Mahuval P.s.
Pahada Dist. Udaipur. (At Present Lodged In Dist. Jail,
Dungarpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/08/2022
S.B. Criminal Appeal No. 1295/2022 :
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.732/2022.
Counsel for the appellant submits that the sentence of
appellants has already been suspended temporarily for a period
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of one month by the learned trial court, thus, prayed to suspend
the sentence.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Kailash S/o Kanti Lal and (2) Satish S/o
Hira Lal by the learned Special Judge, POCSO Act Cases,
Dungarpur vide judgment dated 29.07.2022 in Sessions Case
No.37/2020 shall remain suspended till final disposal of aforesaid
appeal provided each of the appellant executes a personal bond
for a sum of Rs.50,000/- alongwith two solvent sureties in the
sum of Rs.25,000/- each to the satisfaction of learned trial court
for their appearance before this Court on 29.09.2022 and
whenever called upon 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(s) to the
trial court.
The learned trial court shall keep the record of attendance
of the accused-applicant(s) in a separate file. Such file be
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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.
S.B. Criminal Appeal (Sb) No. 1294/2022 :
Call for the record. Requisition be given 'dasti'.
List as soon as the record is received.
(DR.PUSHPENDRA SINGH BHATI), J.
228-229 Sanjay/-
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