Rajasthan High Court - Jodhpur
Bheemraj @ Aakash vs State Of Rajasthan on 14 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 876/2021
Bheemraj @ Aakash S/o Sh. Moolchand, Aged About 33 Years,
B/c Kumhar, R/o Chak 2 E Chotti, P.s. Jawahar Nagar, Sri
Ganganagar. (Presently Lodged At Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. DS Thind
For Respondent(s) : Mr. NS Bhati, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
14/02/2022
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence.
Learned counsel for the applicant submits that applicant has
been sentenced to seven years imprisonment and he has served
out the sentence of four years, eleven months and five days till
24.01.2022 and hearing of the appeal will take time, thus the
sentence awarded to the applicant may be suspended during
pendency of the appeal.
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 sentences 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 Sessions Judge, Special Court,
(2 of 2) [SOSA-876/2021]
POCSO Act, 2012 and Commission for Protection of Child Rights
Act, 2005 No.1 Sriganganagar vide judgment dated 13.12.2021 in
Sessions Case No.323/2018 against the appellant-applicant
Bheemraj @ Aakash S/o Sh. Moolchand, 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.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 14.03.2022 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-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.
(VINOD KUMAR BHARWANI),J
58-Anshul/-
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