Citation : 2022 Latest Caselaw 8300 Raj
Judgement Date : 27 June, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 859/2022
Aman @ Aman Deep S/o Sh. Prem Kumar, Aged About 27 Years,
W.no. 12, Chistiyan, P.s. Hanumangarh Junction, Dist.
Hanumangarh.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/06/2022
Admit.
No notices are required to be issued as learned Public
Prosecutor is already appearing for the State.
Call for record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.521/2022.
Learned counsel for the appellant submits that the sentenced
awarded to the appellant has already been suspended by the
learned trial court temporarily.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
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Accordingly, S.B. Suspension of Sentence (Appeal) No.
521/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the learned
Special Court Pocso Act, 2012 and Child Right Protection
Commission Act, 2005 Cases, Hanumangarh in Sessions Case
No.77/2018 (CIS No.81/2018) vide judgment dated 10.06.2022
against appellant- Aman @ Aman Deep S/0 Shri Prem Kumar
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a 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
28.07.2022 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 appellant/appellants changes the place
of residence, he/she/they 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,
they will give in writing his/their changed address
to the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal misc. Case related to original case in which the accused-
appellant 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
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pendency and disposal of cases in the trial court. In case the said
accused appellant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
18-NS/suraj/-
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