Rajasthan High Court
Rajendra Singh S/O Jal Singh vs State Of Rajasthan on 22 August, 2022
Bench: Kuldeep Mathur
(1 of 3) [CRLAS-2905/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal (SB) No. 2905/2019
Rajendra Singh S/o Jal Singh, Resident of Rarah, Police Station
Udyog Nagar, Bharatpur Distt. Bharatpur Raj.
(Presently Confined In Jail At Bharatpur)
----Appellant
Versus
The State of Rajasthan, through P.P.
----Respondent
For Appellant(s) : Mr.Rajneesh Gupta, Adv.
For Respondent(s) : Mr.Imran Khan, Public Prosecutor.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
22/08/2022
Heard.
Admit. Learned Public Prosecutor accepts notice on
behalf of the respondent-State.
Heard on application for Suspension of Sentence
Application No.662/2020.
Learned counsel for the appellant has pointed out from
the judgment and record that the offence alleged was not found to
be made out against the present appellant. Learned counsel for
the appellant submits that according to the impugned judgment
dated 04.11.2019, the present appellant has been convicted for
the offence under Section 3(a)/4 of POCSO Act, 2012 and Sections
342, 363 & 366 of IPC.
Learned Public Prosecutor opposes the suspension of
sentence application.
(2 of 3) [CRLAS-2905/2019]
Heard learned counsel for the parties and perused the
record of the case.
Having considered the totality of facts and
circumstances of the case, this Court deems it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, the present Suspension of Sentence
application is allowed and it is ordered that the substantive
sentence passed by the trial court vide judgment dated
04.11.2019 in Session Case No.77/2018 (177/2018) against
appellant-Rajendra Singh S/o Jal Singh, 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 22.09.2022 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-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
(3 of 3) [CRLAS-2905/2019]
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.
(KULDEEP MATHUR), J
Himanshu Soni/46
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