Rajasthan High Court - Jodhpur
Bhanwra Ram @ Bhanwar Lal vs State Of Rajasthan on 2 December, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Crl.Misc.3rdSuspension Of Sentence Application No. 921/2022
in
S.B.Criminal Appeal No.423/2019
Bhanwra Ram @ Bhanwar Lal S/o Chuna Ram, Aged About 36
Years, R/o Nakoda, P.S. Sindhari , Distt. Barmer (Raj.)
(Presently Lodged In Distt. Jail , Balotra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Dinesh Kumar, Adv.
For Respondent(s) : Mr.S.K.Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/12/2022
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Learned counsel for the appellant submits that the appellant
has already served 8 years, 3 months 28 days of sentence and
hearing of the appeal will take a sufficient long time. In these
circumstances, the sentence awarded to the appellant may be
suspended during the pendency of the appeal.
Learned Public Prosecutor has opposed the prayer of the
appellant. However, he has verified the fact that the appellant is in
judicial custody for more than 8 years.
Having considered the totality of facts and circumstances of
the case and keeping in view the fact that the appellant has
(2 of 3) [SOSA-921/2022]
already served 8 years 3 months 28 days of sentence and hearing
of the appeal is likely to take further time, I consider it just and
proper to suspend the substantive sentence awarded to the
accused appellant.
Accordingly, the bail application filed by the appellant under
Sec.389 Cr.P.C. is allowed and it is ordered that the substantive
sentence passed by the learned Special Judge, POCSO Act Cases,
Balotra vide judgment dated 14.01.2019 in Sessions Case
No.71/2018 (20/2015)(CIS No.71/2018) against the accused-
appellant Bhanwra Ram @ Bhanwar Lal S/o Chuna Ram shall
remain suspended till final disposal of the aforesaid appeal subject
to depositing the fine amount. The appellant shall be released on
bail provided he executes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance before
this court on 04.01.2023 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, he will give in writing his changed
address to the trial Court as well as to the
counsel in the High Court.
3. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by 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-
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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
accused-appellant does not not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
176-NK/-
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