Kunal Kumar @ Kiran S/O Late Shri ... vs State Of Rajasthan
2022 Latest Caselaw 5766 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1026/2022

Kunal Kumar @ Kiran S/o Late Shri Kishan Lal, Aged About 46
Years, R/o 314, Rai Colony, Hassanpura C, Police Station Sadar
Jaipur (At Present Confined In Central Jail, Jaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)         :     Mr. Vinay Pal Yadav.
For Respondent(s)        :     Mr. Imran Khan, 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.710/2022.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

this court is of the opinion that it is a fit case for suspending the

substantive sentence awarded to the accused-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 Judge, Protection of Children

from Sexual Offences Act, 2012, POCSO Act No.2, Jaipur Metropolitan

Second vide judgment dated 28.05.2022 in Session Case No.117/2020

(63/2019) against the appellant-applicant Kunal Kumar @ Kiran

S/o Late Shri Kishan Lal, shall remain suspended till final disposal

(2 of 2) [CRLAS-1026/2022]

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

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

63. PRASHANT JHA

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