Satyanarayan vs State
2022 Latest Caselaw 435 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Second Application for Suspension of Sentence No. 25/2022

in

S.B. Criminal Appeal No. 44/2020

Satyanarayan S/o Shri Sukhdev Meena, Aged About 22 Years, Godan Ka Bada, Police Station Jahajpur, District Bhilwara.

----Appellant Versus State, Through P.p.

----Respondent

For Appellant(s) : Mr. AS Rathore, through VC For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

07/01/2022

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor. Perused the material available on

record.

It is contended by the counsel for the applicant-appellant

that appellant has sentenced for three years simple imprisonment,

which is already suspended by this Court vide order dated

9.1.2020. Applicant-appellant did not appear to mark his presence

on 10.2.2020, therefore, warrant of arrest was issued against him.

He has been arrested and now he is in judicial custody.

Learned Public Prosecutor has opposed the second

application for suspension of sentence.

Having considered the facts and circumstances and

particularly the fact that sentence imposed upon the applicant-

(2 of 2) [CRLSOS-25/2022 IN CRLA-44/2020]

appellant is of three years, and he was on bail during trial,

disposal of appeal will take time, therefore, this Court deems it fit

and proper to allow the second application for suspension of

sentence filed by the applicant-appellant.

Accordingly, the second 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.2, Bhilwara, vide judgment dated

05.10.2019 in Sessions Case No. 66/2019 (46/2019) against the

applicant-appellant Satyanarayan S/o Sukhdev Meena, 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.40,000/- with two sureties of Rs.20,000/- each to

the satisfaction of the learned trial Judge to the effect that he shall

appear before this Court as and when called upon to do so.

(VINOD KUMAR BHARWANI),J

26-Arti/-

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