Rajasthan High Court - Jodhpur
Suresh vs State on 9 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 574/2020
IN
S.B. Criminal Appeal No.144/2020
Suresh S/o Sh. Gopal Lal, Aged About 23 Years, B/c Balai R/o
Bhatedha Ps Banera District Bhilwara. (Presently Lodged In
Central Jail, Ajmer).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. RS Gill
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/11/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.574/2020.
Counsel for the appellant submits that almost consent is
recorded, though, allegations are also there.
Counsel for the appellant submits that the appellant has
undergone custody of about six years, out of total 14 years RI
sentence awarded to the accused.
Counsel for the appellant submits that one age of the
prosecutrix is 01.1.2000.
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Counsel for the appellant submits the prosecutrix and the
accused-appellant from Bhilwara after taking private bus went to
Ahmedabad. From Ahmedabad, they went to Gandhidham and
there they stated together like husband and wife for about
15 days.
Counsel for the appellant also submits that there is no
likelihood of the appeal being heard at an early date, thus, prayed
to suspend the sentence.
Learned PP is unable to refute the aforesaid submissions.
On conjoint consideration of the submissions made as well as
taking into account the fact that the appellant has undergone
custody of about six years, this Court is inclined to suspend the
sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Suresh S/o Sh. Gopal Lal by the learned Special Juge,
(POCSO Act & Commission for Protection of Child Rights Act) No.1
Bhilwara vide judgment dated 23.10.2019 in Sessions Case
No.142/18(102/17) shall remain suspended till final disposal of
aforesaid appeal provided he 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 learned trial court for his
appearance before this Court on 15.12.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated 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.
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(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.
176-Sanjay/-
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