Ritik vs State Of Rajasthan
2022 Latest Caselaw 11004 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1055/2022

Ritik S/o Sanjay, Aged About 20 Years, Gali No. 2, Bahubali Colony, P.s. Kotwali, Dist. Banswara. (Lodged In Dist. Jail Banswara).

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

----Respondent

For Appellant(s) : Mr. Bhawani Singh For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

27/08/2022

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of

respondent-State. Hence, notice need not be issued.

Heard learned counsel for the parties on S.B. Criminal

Misc. Bail Application (Suspension of Sentence)

No.593/2022.

Learned counsel for the appellant submits that the appellant

is studying in class 10th and there is no allegation of aggravated

sexual assault against the appellant. Learned counsel also submits

that the custody will have an adverse impact upon the young boy.

Learned counsel for the appellant further submits that there

is no previous criminal antecedents against the present appellant

and that the appellant was on bail during trial.

                                          (2 of 3)                         [CRLAS-1055/2022]



     Learned      Public     Prosecutor         opposes         the       suspension    of

sentence application.

Having considered the totality of facts and circumstances of

the case and upon conjoint consideration of the submissions

made, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

Accordingly, S.B. Suspension of Sentence (Appeal) filed

under Section 374(2) Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 01.07.2022 in Special POCSO Case No.78/2020 (CIS

No.78/2020) against appellant- Ritik S/o Sanjay shall remain

suspended till final disposal of the aforesaid appeal, provided he

executes a personal bond in a sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this Court on 29.09.2022 and

whenever ordered to do so, till the disposal of the appeal on the

conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal misc. Case related to original case in which the accused-

(3 of 3) [CRLAS-1055/2022]

appellant was 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 appellant do not appear before the trial court, the learned

trial Judge shall report the matter to the High Court for

cancellation of bail.

(DR.PUSHPENDRA SINGH BHATI),J 3-Nirmala/Suraj

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