Rajasthan High Court - Jodhpur
Bharat Ram vs State Of Rajasthan on 7 February, 2023
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 429/2022
Bharat Ram S/o Sh. Akha Ram, Aged About 29 Years, R/o Gorera
Ps Sri Balaji District Nagaur (Presently Lodged In Central Jail
Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Gill
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/02/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
The first Suspension of Sentence Application (Appeal) was
dismissed as not pressed on 21.07.2020 and second Suspension
of Sentence Application (Appeal) was dismissed on 02.09.2021 by
this Court.
Learned counsel for the appellant submits that the accused-
appellant is in custody for last more than seven years. The date of
arrest of the petitioner is 01.02.2016 and hearing of the appeal
will take sufficiently long time, therefore, the sentence of the
appellant may kindly be suspended.
Learned Public Prosecutor does not oppose the prayer made
by the counsel for the appellant.
(2 of 3) [SOSA-429/2022]
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,
POCSO Act, Merta, vide judgment dated 30.06.2019 in Sessions
Case No.19/2016 against the appellant-applicant, Bharat Ram S/o
Sh. Akha Ram, shall be suspended till final disposal of the
aforesaid appeal subject to the condition that the appellant shall
deposit Rs.50,000/- out of the total 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 10.03.2023 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 Rs.50,000/- out of the
total fine amount as imposed by the learned trial
court.
(3 of 3) [SOSA-429/2022]
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
129-Rashi/-
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