Prem Chand Gurjar Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5754 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 2119/2021

Prem Chand Gurjar Son Of Shri Panchu Ram, Aged About 37
Years, Resident Of Malutana, Police Station Thanagazi District
Alwar Teacher Govt. Primary School, Raniwala Tan Sarund Police
Station Kotputali District Jaipur (At Present Lodged In Central
Jail Jaipur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Its Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. V.R. Bajwa, Sr. Advocate, assisted by Mr. Amar Kumar.

For Respondent(s) : Mr. Atul Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment / Order

23/08/2022

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of the

respondent-State.

Heard on application for suspension of sentence No.158/2022.

Learned counsel for the appellant submits that the appellant has

falsely been implicated in the present case and he is in judicial custody

since long. He further submits that according to the impugned judgment

dated 07.12.2021, the present appellant has been convicted under

Section 9/10 of POCSO Act, 2012 read with Section 354 I.P.C.

Learned Public Prosecutor has opposed the application for

suspension of sentences.

(2 of 3) [CRLAS-2119/2021]

Heard learned counsel for the parties and perused the record of

the case.

Having regard to the facts and circumstances of the case, so also

the fact that final adjudication of the present criminal appeal is like to

take time, this Court deems it appropriate to grant suspension of

sentence to the appellant.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the substantive

sentences passed by the learned Special Court, Protection of Children

from Sexual Offences Act, 2012, Jaipur, District Jaipur in Sessions Case

No.151/2018 (N.C.V. No.278/2018), vide order dated 07.12.2021

against the appellant-applicant Prem Chand Gurjar Son Of Shri

Panchu Ram, shall remain suspended till final disposal of the

aforesaid appeal and he will be released on bail subject to deposit of

fine amount as imposed by the learned trial Court, provided he executes

a personal bond in the sum of Rs.1,00,000/- each with two sureties of

Rs.50,000/- each to the satisfaction of the learned trial Judge for his

appearance in this court on 23.09.2022 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. The 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

(3 of 3) [CRLAS-2119/2021]

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 Special

Judge shall report the matter to this Court for cancellation of bail.

(KULDEEP MATHUR),J

18. PRASHANT JHA

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