Rajasthan High Court - Jodhpur
Vinod Kumar vs State Of Rajasthan (2023:Rj-Jd:43282) on 12 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43282]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1530/2023
Vinod Kumar S/o Krishanlal, Aged About 41 Years, B/c Bisnoi,
R/o Ward No. 2, Near Bala Ji Temple Chanana Dham, P.s.
Padampur, Dist. Sriganganagar. (Presently Lodged At Central Jail
Sriganganagar).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Raj Mehta S/o Sh. Chindrapal Mehta, R/o P.e. 13 Punjabi
City, Kotwali Dist. Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Umesh Kant Vyas
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 is in custody since
10.05.2019 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
Commission for Protection of Child Right Act, No.1, Sriganganagar,
in Sessions Case No.44/2019 vide judgment dated 09.09.2021
[2023:RJ-JD:43282] (2 of 2) [SOSA-1530/2023]
against the appellant Vinod Kumar S/o Krishanlal, 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
183-raksha/-
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