Rajendra Kumar vs State Of Rajasthan
2023 Latest Caselaw 1049 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. III Suspension Of Sentence Application (Appeal) No. 39/2023

Rajendra Kumar S/o Sohan Lal, Aged About 22 Years, B/c Jat, R/o Bamniya, P.s. Salasar, Dist. Churu. (Presently Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Nishant Bora For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

25/01/2023

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 24.01.2020 and second Suspension

of Sentence Application (Appeal) was dismissed as withdrawn on

11.01.2022 by this Court.

Learned counsel for the appellant submits that the accused-

appellant is in custody for last 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 does not oppose 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

(2 of 3) [SOSA-39/2023]

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 Court,

POCSO Act, 2012 Churu, vide judgment dated 19.07.2018 in

Sessions Case No.20/2016 against the appellant-applicant,

Rajendra Kumar S/o Sohan Lal, shall suspended till final disposal

of the aforesaid appeal subject to the condition that the appellant

shall deposit 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 27.02.2023 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 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

(3 of 3) [SOSA-39/2023]

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 139-Rashi/-

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