Ranchhod Ram vs State Of Rajasthan
2022 Latest Caselaw 11721 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Cri.Misc.3rdSuspension Of Sentence Application No. 696/2022 in S.B.Criminal Appeal No.456/2018

Ranchhod Ram S/o Sh. Bhagu, Aged About 26 Years, B/c Kalbi R/o Vill. Mermadwada Police Station- Kalandri Tehsil and Dist. Sirohi (Raj.)

(Presently Lodged In Central Jail Jodhpur)

----Appellant Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr.Chakravarti Singh Rathore on behalf of Mr.Pradeep Shah, Adv.

For Respondent(s) : Mr.Mukhtiyar Khan, PP Ms.Khushbu Vyas, Adv. (for complainant)

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/09/2022

This is the third suspension of sentence application under

Section 389 Cr.P.C. The second suspension of sentence application

of the appellant was dismissed as withdrawn vide order dt.

17.01.2020.

Learned counsel for the appellant submit that now, a

compromise has been arrived at in between the parties. The

appellant is in judicial custody since 25.05.2016 and hearing of

the appeal is likely to take a long time. Therefore, the sentence

awarded to the appellant may be suspended.

(2 of 3) [SOSA-696/2022]

Per contra, learned Public Prosecutor has opposed the prayer

of the appellant.

Learned counsel appearing for the complainant concurred the

fact of compromise and submitted that she has no objection if the

sentence awarded to the appellant is suspended.

Having considered the totality of facts and circumstances of

the case, this Court is inclined to suspend the substantive

sentence awarded to the accused appellant.

Accordingly, the bail application filed by the appellant under

Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the learned Special Judge, POCSO Act Cases,

Sirohi vide judgment dated 31.03.2018 in Special Case

No.35/2017 (18/2016) (C.I.S. No.18/2016) against the accused-

appellant Ranchhod Ram S/o Sh. Bhagu shall remain suspended

till final disposal of the aforesaid appeal subject to depositing the

fine amount. The appellant shall be released on bail provided he

executes a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance before this court on 20.10.2022 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

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. That similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

                                                                                (3 of 3)                [SOSA-696/2022]


                                               4.   That the appellant shall deposit the                     fine

amount as directed by 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

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

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

cancellation of bail.

(MANOJ KUMAR GARG),J

213-NK/-

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