Shubhash @ Shubhash Chandra vs State Of Rajasthan (2023:Rj-Jd:41767)
2023 Latest Caselaw 10341 Raj

Rajasthan High Court - Jodhpur

Shubhash @ Shubhash Chandra vs State Of Rajasthan (2023:Rj-Jd:41767) on 2 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:41767]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1357/2023

Shubhash @ Shubhash Chandra S/o Chandulal Ahari, Aged
About 26 Years, Bambala Sarera, P.s. Pahara, Dist. Udaipur
(Raj.). (Lodged In Central Jail, Udaipur).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Manisha D/o Kevla Damor, Nyagaanw Kherwada Dist.
         Udaipur Raj.
3.       Kevla S/o Hakraji Damor, R/o Nyagaanw Kherwada Dist.
         Udaipur Raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. JVS Deora
For Respondent(s)         :     Mr. Gaurav Singh, PP
                                Mr. BPS Inda



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/12/2023

Heard learned counsel for the parties and perused the

material available on record.

Counsel for the appellant has submitted that compromise

has arrived between the parties and the same has been concurred

by learned counsel for the complainant.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that appellant was on bail during

trial and now compromise has been arrived between the parties,

[2023:RJ-JD:41767] (2 of 3) [SOSA-1357/2023]

therefore, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the appellant.

Accordingly, the application for suspension of sentence filed

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

sentence passed by the learned Session Judge, POCSO Act and

Child Right Protection Commission Act No.1, Udaipur, in Sessions

Case No.02/2022 vide judgment dated 15.07.2023 against the

appellant Shubhash @ Shubhash Chandra S/o Chandulal Ahari,

shall remain suspended till final disposal of the aforesaid appeal

subject to depositing the 50% fine amount as imposed by the

learned trial Court, 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 in this

court on 08.01.2024 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. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. The appellant shall deposit 50% fine amount as imposed 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

[2023:RJ-JD:41767] (3 of 3) [SOSA-1357/2023]

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.

(MANOJ KUMAR GARG),J 130-raksha/-

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