Sonu vs State Of Rajasthan
2022 Latest Caselaw 2467 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 24/2022

Sonu S/o Om Prakash, Aged About 25 Years, R/o Panditawali Police Station Pilibanga, District Hanumangarh, Rajasthan. (District Jail, Hanumangarh).

                                                                    ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)           :    Mr. Nishant Motsara
For Respondent(s)          :    Mr. Gaurav Singh, PP
For complainant            :    Mr. Jitendra Singh Khinchi



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Order

10/02/2022

     Heard.

     Admit.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State. Mr. Jitendra Singh Khinhi, learned counsel is appearing on behalf of the complainant.

Heard learned counsel for the appellants, learned public

prosecutor as well as learned counsel appearing for the complainant on

application of suspension of sentence (No.24/2022).

Learned counsel for the appellant submits that the accused-

appellant has already solemnized marriage with the victim. Learned

counsel for the accused-appellant submits that disposal of the appeal

will consume time, therefore, the sentence awarded to the accused-

appellant may be suspended.

Learned Public Prosecutor vehemently opposed the prayer made

(2 of 3) [CRLAS-24/2022]

by the learned counsel for the accused-appellant. Learned counsel

appearing for the complainant does not dispute with regard to the fact

of solemnizing marriage between the accused-appellant and the

complainant.

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

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 sentences

passed by the learned Special Judge, POCSO ACT, 2012, Hanumangarh,

District Hanumangarh, vide judgment dated 18.12.2021 in Sessions

Case No.65/2018 against the appellant-applicant Sonu S/o

Omprakash shall remain suspended till final disposal of the aforesaid

appeal and he 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 in this court on 10.3.2022 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.

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-

(3 of 3) [CRLAS-24/2022]

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 trial

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

(MADAN GOPAL VYAS),J 2-CPGoyal/-

Powered by TCPDF (www.tcpdf.org)