Roopa Ram vs State Of Rajasthan
2022 Latest Caselaw 12543 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1012/2022

Roopa Ram S/o Sh. Govaram, Aged About 23 Years, B/c Garasiya, R/o Vidya Fali Chandravati, P.s. Abu Road, Sadar, Dist. Sirohi (Raj.). (Presently Lodged In Central Jail, Jodhpur).

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


For Petitioner(s)          :     Mr. Hanuman Singh
For Respondent(s)          :     Mr. BR Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI
              HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

19/10/2022

This application is filed by the appellant-applicant with a

prayer for suspending the sentence awarded to him by judgment

dated 07.02.2019 passed by the Special Judge, Special Court,

POCSO Act Cases and Commission for Protection of Child Rights

Act, 2005, Sirohi.

It is noticed that earlier also, the sentence of the appellant-

applicant was suspended by this Court vide order dated

01.07.2022 with a direction to the appellant-applicant to mark his

presence before this Court on 05.08.2022, however, he has failed

to mark his presence on the aforesaid date before this this Court

and, therefore, his bail bonds were forfeited and warrant of arrest

was issued against him. Pursuant to that, the appellant-applicant

(2 of 3) [SOSA-1012/2022]

was arrested by the police and at present he is lodged in Central

Jail, Jodhpur.

Learned counsel for the appellant-applicant has submitted

that the appellant-applicant has failed to appear before this Court

on 05.08.2022 due to some unavoidable circumstances as he was

out of the State on 05.08.2022 for the purpose of earning his

livelihood. Learned counsel for the appellant-applicant has further

submitted that the appellant-applicant will remain present before

this Court as and when directed and, therefore, the present

application for suspension of sentence may be allowed.

Per contra, learned Public Prosecutor has opposed the

application for suspension of sentence.

Having heard learned counsel for the parties and keeping in

view the overall facts and circumstances of the case, this Court is

inclined to suspend the sentence awarded to the appellant-

applicant by the trial court vide judgment impugned.

Accordingly, this application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the Special Judge, Special Court,

POCSO Act Cases, Sirohi and Commission for Protection of Child

Rights Act, 2005, Sirohi in Special Case No.26/2018 (76/17) CIS

No.26/2018 against appellant-applicant Roopa Ram S/o Sh.

Govaram shall remain suspended till final disposal of the aforesaid

appeal provided he executes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

this Court on 28.11.2022 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

(3 of 3) [SOSA-1012/2022]

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he 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 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

pendency and disposal of cases in the trial court. In case the said

accused-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J
                                    59-mohit/-









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