Dinesh @ Deeta vs State Of Rajasthan
2022 Latest Caselaw 822 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 808/2021

Dinesh @ Deeta S/o Sh. Gautam, Aged About 27 Years, R/o Village Kishanpura, Dist. Dungarpur. At Present Village Ratanpura, P.s. Dhambola, Dist. Dungarpur (Raj.). (Appellant Is Central Jail, Udaipur).

                                                                     ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Shambhoo Singh
For Respondent(s)         :     Mr. Mool Singh Bhati, PP


       HON'BLE MR. JUSTICE MADAN GOPAL VYAS
                       Order
17/01/2022

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 has falsely been implicated in the present case and at the

time of incidence, the prosecutrix was major. It is also submitted that

the accused-appellant was on bail during trial. Therefore, learned

counsel for the appellant submits that the sentence awarded to the

accused-appellant may be suspended as 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,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused appellant.

(2 of 2) [SOSA-808/2021]

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 & Child Rights

Commission Act, 2005, Dungarpur, vide judgment dated 10.11.2021 in

Sessions Case No. 53/2020 against the appellant-applicant Dinesh @

Deeta S/o Gautam 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 21.2.2022 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

Judge shall report the matter to the High Court for cancellation of bail.

(MADAN GOPAL VYAS),J 74-CPGoyal/-

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