Ramesh vs State Of Rajasthan
2022 Latest Caselaw 1240 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 42/2022

IN

S.B. Criminal Appeal No. 65/2022

Ramesh S/o Shri Nema Ram, Aged About 28 Years, R/o Ram Gaushala, Manda, Sojat Road, District Pali.

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

----Respondent

For Appellant(s) : Mr. J.V.S.Deora, through VC For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

27/01/2022

The instant application for suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Ramesh S/o Shri Nema Ram, who has been

convicted and sentenced for the offences under Sections 341, 354

and 354A, IPC and vide judgment dated 10.12.2021 passed by

the learned Special Sessions Judge, POCSO Act Cases No.2, Pali

in Special Sessions Case No.12/2021.

Heard learned counsel for the parties and perused the

material available on record.

It is contended by the counsel for the appellant-applicant

that appellant has sentenced for one years' rigorous

imprisonment, which is already suspended by the Court below.

(2 of 3) [CRLAS-65/2022]

Appellant-applicant was on bail during trial and disposal of the

appeal will consume time.

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

No.2, Pali vide judgment dated 10.12.2021 in Special Sessions

Case No.12/2021 against the appellant-applicant Ramesh S/o Shri

Nema Ram 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 01.03.2022 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.

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

(3 of 3) [CRLAS-65/2022]

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 67-Mamta/-

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