Rajasthan High Court - Jodhpur
Ajay Panwar vs State Of Rajasthan on 12 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 629/2022
IN
S.B. Criminal Appeal No.1103/2022
Ajay Panwar S/o Bhanwarlal Sargara, Aged About 30 Years, B/c
Saragara R/o 14 Sardar Patel Nagar Pali Ps Undustrial Area Dist.
Pali Raj. (At Present Lodged In Dist. Jail Pali Dist. Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shankar Singh Rajpurohit
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/09/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.629/2022.
Counsel for the appellant submits that the appellant was on
bail during trial.
Counsel for the appellant further submits that there is no
allegation of any sexual assault against the appellant.
The appellant is in custody since 15.07.2022 and hearing of
appeal is likely to take a long time, thus, prayed to suspend the
sentence.
Learned PP opposed the application.
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(2 of 3) [SOSA-629/2022]
On conjoint consideration of the submissions advanced and
looking to record of case, this Court deems it just and proper to
suspend the sentence awarded to the accused.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Ajay Panwar S/o Bhanwarlal Sargara by the
learned Special Judge, POCSO Act, 2005 No.1, Pali vide judgment
dated 15.07.2022 in Sessions Case No.15/2020 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
14.10.2022 and whenever called upon 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(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
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(3 of 3) [SOSA-629/2022]
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.
171-Sanjay/-
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