Rajasthan High Court - Jodhpur
Gurvendra Singh vs State Of Rajasthan (2023:Rj-Jd:43535) on 13 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43535]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1388/2023
Gurvendra Singh S/o Jogendra Singh (Baldev Singh), Aged
About 32 Years, B/c- Majbi Sikh, R/o 8 Q, P.s. Rathaan, Mittli,
Dist. Sriganganagar. (Presently Lodged At Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Misra Ram S/o Pura Ram, B/c- Meghwal, R/o- Village
Vajavas Tehsil, Pachpadra Dist. Balotra Rajasthan, Police
Station Balotra.
----Respondents
For Petitioner(s) : Mr. Dashrath Singh Rathore for Mr.
Kuldeep Purohit
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/12/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that the accused-
appellant is in judicial custody for more than eight years and
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may kindly be suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
[2023:RJ-JD:43535] (2 of 3) [SOSA-1388/2023]
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the 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 Judge, Special Court,
Protection of Children from Sexual Offences and Commission for
Protection of Child Rights, Balotra vide judgment dated
10.12.2018 in Sessions Case No.70/2018 against the appellant-
applicant, Gurvendra Singh S/o Jogendra Singh (Baldev Singh),
shall be suspended till final disposal of the aforesaid appeal
subject to the condition that the appellant shall deposit the 50%
of the fine amount as imposed by the learned trial Court and he
will 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 in this
court on 15.01.2024 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 the 50% of fine amount
as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
[2023:RJ-JD:43535] (3 of 3) [SOSA-1388/2023]
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
253-Rashi/-
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