Shivraj S/O Shri Hardev vs State Of Rajasthan
2022 Latest Caselaw 5693 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Criminal Appeal No. 2763/2019

1.      Aatmaram S/o Shri Hardev, Aged About 27 Years, R/o
        Lidhi, Police Station Mangliyavas, Distt. Ajmer Raj. (At
        Present Confined In Distt. Jail Ajmer)
2.      Shivraj S/o Shri Hardev, Aged About 22 Years, R/o Lidhi,
        Police Station Mangliyavas, Distt. Ajmer Raj. (At Present
        Confined In Distt. Jail Ajmer)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s) : Mr.Sandeep Kumar Maheshwari, ADv. For Respondent(s) : Mr.Imran Khan, Public Prosecutor.

HON'BLE MR. JUSTICE KULDEEP MATHUR Order

22/08/2022

Admit.

Heard on applications for Suspension of Sentence

No.674/2021 & 877/2020.

Learned counsel for the appellants has pointed out from

the judgment and record that the alleged offence was not found to

be made out against the present appellants. Learned counsel for

the appellants submits that according to the impugned judgment

dated 05.11.2019, the present appellants have been convicted

from the offence under Sections 363, 366, 344, 346, 376 (2)(i)

(n), 376(D) of IPC and Sections 3/4, 5(l)/6, 5(g)/6 of POCSO Act,

2012.

Learned Public Prosecutor opposes the suspension of

sentence applications.

(2 of 3) [CRLAS-2763/2019]

Since, the appellants are in custody since long and final

adjudication of the present appeal is likely to take time, without

going into the merits/demerits of the case, this Court deems it

appropriate to grant the suspension of sentence.

Heard learned counsel for the parties and perused the

record of the case.

Accordingly, the present Suspension of Sentence

applications are allowed and it is ordered that the substantive

sentence passed by the trial court vide judgment dated

05.11.2019 in Session Case No.70/2018 (30/2018) against

appellants-Aatmaram S/o Shri Hardev & Shivraj S/o Shri Hardev,

shall remain suspended till final disposal of the aforesaid appeal,

provided both of them execute a personal bond in a sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

Court on 22.09.2022 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1.That they 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-appellants in a separate file. Such file

be registered as Criminal Misc. Case related to original case in

(3 of 3) [CRLAS-2763/2019]

which the accused-appellants 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 appellants do not appear before

the trial court, the learned trial Judge shall report the matter to

the High Court for cancellation of bail.

(KULDEEP MATHUR), J

Himanshu Soni/48

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