Shyam Lal vs State Of Rajasthan
2022 Latest Caselaw 353 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Suspension of Sentence Application (Appeal) No.7/2022 In S.B. Criminal Appeal No. 5/2022

Shyam Lal S/o Mishri Lal, Aged About 25 Years, Village Bithu Police Thana Rohat Dist. Pali Rajasthan.

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Kum. Manisha D/o Baburam, Through Its Natural Guardian Smt. Sodhi Devi W/o Baburam Satia R/o Village Bithu Police Thana Rohat Dist. Pali Rajasthan.

----Respondents

For Appellant(s) : Mr. Moti Singh through VC For Respondent(s) : Mr. A.R.Choudhary, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2022

The instant application for suspension of sentence under

Section 389 Cr.P.C. has been filed on behalf of the appellant-

applicant Shyam Lal who has been convicted and sentence for the

offences under Sections 341, 354, 354A, 354D IPC and Section

7/8 POCSO Act vide judgment dated 15.12.21 passed by the

learned Special Judge (POCSO Act Cases) No.3, Pali in CIS

No.81/2020.

Learned Public Prosecutor has chosen not to file reply to the

application for suspension of sentence and proposed to argue the

matter orally.

(2 of 3) [SOSA-7/2022]

Heard learned counsel for the applicant appellant and

learned Public Prosecutor and perused the material available on

record.

Learned counsel for the appellant submits that the sentences

awarded to the applicant-appellant have already been suspended

by the trial court and hearing of the appeal will consume time,

therefore, the sentences awarded to the accused-appellant be

suspended during pendency of the appeal.

Having regard to the entirety of the facts and circumstances

as available on the record, this Court is of the opinion that it is a

fit case for suspending the sentences awarded to the accused

appellant during pendency of the instant appeal.

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.3, Pali, vide judgment dated 15.12.2021 in CIS No.81/2020

against the appellant-applicant Shyam Lal S/o Mishri 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 07.02.2022 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 of 3) [SOSA-7/2022]

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

22-RP/-

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