Rajasthan High Court - Jodhpur
Vinod Prajapat vs State Of Rajasthan on 18 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 76/2022
Vinod Prajapat S/o Shri Mitha Lal Prajapat, Aged About 35 Years,
R/o Sayra Road, Gogunda, Presently R/o Kothari Bhawan, Badi
Holi, Dhanmandi Police Station, Udaipur, District Udaipur.
(Confined In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. NS Bhati, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
18/02/2022
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 ten years rigorous imprisonment and he has
served out the sentence of five years, four months and nineteen
days till 01.02.2022 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 Special Judge, POCSO Act Cases,
No.1 Udaipur vide judgment dated 24.08.2021 in Sessions Case
(2 of 2) [SOSA-76/2022]
No.75/2018 against the appellant-applicant Vinod Prajapat S/o
Shri Mitha Lal Prajapat, 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 21.03.2022 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
56-Anshul/-
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