Isha vs State Of Rajasthan
2022 Latest Caselaw 2711 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 88/2022

1. Isha S/o Thavra, Aged About 34 Years, Radavera Fali, Thandiveri, P.s. Pindwara Dist. Sirohi. (At Present Lodged In District Jail, Sirohi).

2. Homiya @ Samiya @ Homa S/o Bhuta, Aged About 50 Years, Pemavafali, Thandiveri, P.s. Pindwara Dist. Sirohi. (At Present Lodged In District Jail, Sirohi).

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sravan Kumar Sainee For Respondent(s) : Mr. NS Bhati, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

16/02/2022

Heard learned counsel for the appellants and learned Public

Prosecutor on application for suspension of sentence.

Upon a consideration of the arguments advanced on behalf of

the appellants 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 appellants.

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 Cases,

Sirohi vide judgment dated 31.08.2021 in Sessions Case No.55/2018

against the appellant-applicants 1. Isha S/o Thavra and 2. Homiya

@ Samiya @ Homa S/o Bhuta shall remain suspended till final

(2 of 2) [SOSA-88/2022]

disposal of the aforesaid appeal and they will be released on bail,

provided they execute 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 their appearance in this court on 16.03.2022

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

51-Anshul/-

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