Rajasthan High Court - Jodhpur
Gopal Lal @ Yuvraj Singh vs State Of Rajasthan on 15 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 493/2021
Gopal Lal @ Yuvraj Singh S/o Prabhu Dayal @ Prabhu Lal, Aged
About 30 Years, Near Charbhuja Mandir, Chikasi, P.s.
Shambhupura, Dist. Chittorgarh. (At Present Lodged In Central
Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Kumar Poonia
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
15/02/2022
The instant application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Gopal Lal @ Yuvraj Singh S/o Prabhu Dayal @ Prabhu
Lal, who has been convicted and sentenced for the offence under
Sections 363, 366 376 (2) (n)IPC and Section 5(L)/6 of the
POCSO Act vide the judgment dated 09.07.2021 passed by the
learned Special Judge, POCSO Act Cases, Bikaner, in Sessions
Case No.94/2018.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicant-appellant submits that
applicant-appellant was sentenced to ten years rigorous
imprisonment and as per the correspondence received from the
(2 of 3) [SOSA-493/2021]
jail authorities till 26.01.2022, the applicant-appellant has
remained in custody for six years and four months and hearing of
the appeal will consume time, therefore, sentences awarded to the
accused-appellant may be suspended during pendency of appeal.
In this background and having regard to the entirety of the
facts and circumstances of the case, this court is of the view that
it is a fit case for grant of indulgence of bail to the appellant-
applicant by suspending the sentences awarded to him by the trial
court during the pendency of the appeal.
Accordingly, the application for suspension of sentences filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, POCSO Act Cases,
Bikaner, vide judgment dated 09.07.2021 in Sessions Case
No.94/2018 against the appellant-applicant Gopal Lal @ Yuvraj
Singh S/o Prabhu Dayal @ Prabhu Lal, 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 15.03.2022 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 applicant 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. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
(3 of 3) [SOSA-493/2021]
The learned trial Court shall keep the record of
attendance of the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant 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 said accused applicant 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
50-Mamta/-
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