Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan on 14 January, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 656/2021
Ashok Kumar S/o Sh. Parmanand, Aged About 61 Years, B/c
Arora, R/o Ward No. 9, Kesarisinghpur, Dist. Sriganganagar
(Raj.). (Presently Lodged In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. CS Kotwani
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
14/01/2022
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the accused-
appellant is behind the bars since last three years. Learned counsel for
the accused-appellant also relied upon the judgment of this Court
rendered in the case of Durga Lal Vs.Sate of Rajasthan reported in
[2019] O Supreme (Raj.) 2748 and submits that the sentence awarded
to the accused-appellant may be suspended because the disposal of the
appeal will consume time.
Learned Public Prosecutor vehemently opposed the prayer made
by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the
appellant and having regard to the facts and circumstances of the case,
(2 of 3) [SOSA-656/2021]
this court is of the opinion that it is a fit case for suspending the
sentence 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, Protection of Children from Sexual
Offences Act, 2012 & Commission for Protection of Child Right Act, 2005
No.1, Sri Ganganagar, vide judgment dated 28.9.2021 in Sessions Case
No.17/2019 against the appellant-applicant Ashok Kumar S/o
Parmanand 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.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for his
appearance in this court on 14.2.2022 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
(3 of 3) [SOSA-656/2021]
Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
73-CPGoyal/-
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