Rajasthan High Court - Jodhpur
Gopal Ram vs State Of Rajasthan on 20 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 93/2023
Gopal Ram S/o Sh. Rajendra Kumar, Aged About 29 Years, B/c
Balmiki, R/o W.no. 11, Near Shop Of Nazir Khan, Purani Aabadi,
Sriganganagar. At Present Tenat W.no. 11, Pratapnagar, Purani
Aabadi, Sri Ganganagar.
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Bharat Lal S/o Jagdev Singh, B/c Patel, R/o W.no. 11, Raji
Kha Ki Dukan Ke Pass, Purani Aabadi Sri Ganganagar
(Raj.).
----Respondents
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mohd. Anees Bhurat, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
20/01/2023
Heard.
Admit.
Call for record.
Learned Public Prosecutor accepts notice on behalf of State.
Issue notice to the respondent No.2.
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence.
Learned counsel for the appellant submits that the
accused-appellant was on bail during trial. Therefore, learned counsel
for the appellant pray that the sentence awarded to the
accused-appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer
(2 of 3) [CRLAS-93/2023]
made by the learned counsel for the accused-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
suspending the sentence awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Court, POCSO Act cases
No.1 Sri Ganganagar, vide judgment dated 07.01.2023 in Sessions
Case No.114/2019 against the appellant-applicant Gopal Ram
S/o Sh. Rajendra Kumar shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail,
provided he execute a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on 20.02.2023
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.
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
(3 of 3) [CRLAS-93/2023]
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.
(MADAN GOPAL VYAS),J
6-neha/-
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