Rajasthan High Court - Jodhpur
Amarchand @ Amraram @ Amra vs State on 9 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 216/2022
1. Amarchand @ Amraram @ Amra S/o Ghisaramji, Aged
About 41 Years, B/c Bawri, R/o Bera Ramsar Kantaliya,
Police Station Bagrinagar, At Present Residing At Sojat
Road, District Pali, Rajasthan.
2. Muknaram S/o Trilokramji, Aged About 58 Years, B/c
Bawri, R/o Basni Mutha, Tehsil Sojat, District Pali,
Rajasthan.
3. Gopa Ram S/o Narayanlal, Aged About 38 Years, B/c
Bawri, R/o Basni Mutha, Police Station Sojat City, Dist.
Pali, Rajasthan.
4. Kailash S/o Adringa, Aged About 33 Years, B/c Bawri, R/o
Manisha Road, Bawri Basti, Ajmer Police Station Clock
Tower, Dist. Ajmer, Rajasthan.
5. Kanhaiya Lal S/o Adringa, Aged About 34 Years, B/c
Bawri, R/o Manisha Road, Bawri Basti, Ajmer Police
Station Clock Tower, Dist. Ajmer , Rajasthan.
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Shanker Singh Rajpurohit
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
(2 of 3) [CRLAS-216/2022]
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant(s) submits that the maximum
sentence awarded to accused is of three years' rigorous
imprisonment and their sentence has already been suspended
temporarily by the appellate court for a period of 30 days and,
thus, prayed to suspend the sentence.
Learned PP opposed the application in general.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, this application for suspension of sentence
No.169/2022 is allowed and it is directed that the sentence
awarded to appellant/s - (1) Amarchand @ Amraram @ Amra
S/o Ghisaramji (2) Muknaram S/o Trilokramji (3) Gopa
Ram S/o Narayanlal (4) Kailash S/o Adringa and (5)
Kanhaiya Lal S/o Adringa by the learned Special Judge, POCSO
Act Cases No.3, Pali vide judgment dated 18.02.2022 in Sessions
Case No.05/2019 shall remain suspended till final disposal of
aforesaid appeal provided each of them executes a personal bond
for a sum of Rs.50,000/- alongwith two solvent sureties in the
sum of Rs.25,000/- each to the satisfaction of the learned trial
court for their appearance before this Court on 22.04.2022 and
whenever called upon to do so till the disposal of the appeal on
the conditions indicated below:-
(3 of 3) [CRLAS-216/2022]
(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(s) 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.
(DR.PUSHPENDRA SINGH BHATI),J
120-Sanjay/-
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