Shiv Lal @ Shiv Narayan vs State Of Rajasthan (2023:Rj-Jd:43279)
2023 Latest Caselaw 10603 Raj

Rajasthan High Court - Jodhpur

Shiv Lal @ Shiv Narayan vs State Of Rajasthan (2023:Rj-Jd:43279) on 12 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:43279]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1015/2023

Shiv Lal @ Shiv Narayan S/o Shobha Ram, Aged About 34 Years,
R/o Jamlawada, P.s. Chhoti Sadri, Dist. Pratapgarh (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sunil Bharti S/o Madhu Bharti, R/o Jamlawada, P.s. Choti
         Sadri, Dist. Pratapgarh (Raj.)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bharat Devasee
For Respondent(s)         :     Mr. SS Rajpurohit, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

12/12/2023

Heard learned counsel for the parties and perused the

material available on record.

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 hearing of the appeal is likely to take time, 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 Special Judge, POCSO Act and

Child Right Act, Pratapgarh, in Sessions Case No.84/2018 vide

judgment dated 10.07.2023 against the appellant Shiv Lal @ Shiv

[2023:RJ-JD:43279] (2 of 2) [SOSA-1015/2023]

Narayan S/o Shobha Ram, 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 12.01.2024 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

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 177-raksha/-

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