Vijay @ Braj Lal @ Vijaypal vs State Of Rajasthan (2023:Rj-Jd:42414)
2023 Latest Caselaw 10463 Raj

Rajasthan High Court - Jodhpur

Vijay @ Braj Lal @ Vijaypal vs State Of Rajasthan (2023:Rj-Jd:42414) on 6 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:42414]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Misc 3rd Suspension Of Sentence Application
                       (Appeal) No. 1196/2023

Vijay @ Braj Lal @ Vijaypal S/o Gopal Ram, Aged About 18
Years, By Caste Jat, R/o Surnana, Police Station Lunkaransar,
District Bikaner (Raj.). (Lodged At Central Jail Bikaner).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pradeep Choudhary
For Respondent(s)         :     Mr. AR Choudhary, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/12/2023

Heard the learned counsel for the appellant as well as

learned Public Prosecutor on third application for suspension of

sentence.

Counsel for the appellant submits that the appellant is in

custody for more than seven years & eleven months and hearing

of the appeal will take sufficient long time. In such circumstances,

the sentence of the appellant may kindly be suspended and he

may be released on bail.

Learned Public Prosecutor has opposed the application for

suspension of sentence and submitted that the appellant is in jail

for about seven years and eleven months.

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 the appellant is in custody for

[2023:RJ-JD:42414] (2 of 3) [SOSA-1196/2023]

about seven years and eleven months and hearing of the appeal

will take sufficient long time, this Court is of the opinion that it is a

fit case for suspending the sentences awarded to the accused

appellant.

Accordingly, the third application for suspension of sentence

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

substantive sentences passed by the learned Special Judge,

POCSO Act Cases, Bikaner vide judgment dated 10.12.2019 in

Sessions Case No.35/2018 against the appellant-applicant Vijay @

Braj Lal @ Vijaypal S/o Gopal Ram shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail

subject to deposit 50% of the fine amount before the learned trial

Court and 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 11.01.2024 and whenever ordered 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 to the trial Court.

4. Appellant shall deposit 50% of the fine amount before the learned trial Court.

[2023:RJ-JD:42414] (3 of 3) [SOSA-1196/2023]

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.

(MANOJ KUMAR GARG),J 184-MS/-

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