Rajasthan High Court - Jodhpur
Mohan Singh vs State Of Rajasthan (2023:Rj-Jd:44018) on 15 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:44018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2570/2023
Mohan Singh S/o Shri Harnam Singh, Aged About 39 Years, R/o
Tulsi Colony, P.s. Kotwali, Sriganganagar, Raj.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Tanu D/o Shri Maniram, R/o Tulsi Colony, P.s. Kotwali,
Sriganganagar, Raj.
----Respondents
For Appellant(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/12/2023
Heard.
Admit. Issue notice. Call for record.
Learned Public Prosecutor accepts notices on behalf of
respondent No.1-State.
Issue notice to respondent No.2, returnable by 16.02.2024.
Heard learned counsel for the parties on Misc. Bail
Application (Suspension of Sentence) No.1624/2023.
Learned counsel for the petitioner submits that the appellant
was on bail during the trial 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.
[2023:RJ-JD:44018] (2 of 3) [CRLAS-2570/2023]
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
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 Special Judge,
Special Court (Protection of Children from Sexual Offences) Act
and Protection of Child Rights Act, No.1, Sriganganagar, vide
judgment dated 04.12.2023 in Session Case No.93/2021, CIS
No.120/2021 against the appellant-applicant - Mohan Singh S/o
Shri Harnam Singh, shall be suspended till final disposal of the
aforesaid appeal subject to the condition that the appellant shall
deposit 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 17.01.2024 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.
[2023:RJ-JD:44018] (3 of 3) [CRLAS-2570/2023]
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
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
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
254-Rashi/-
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