Rajasthan High Court - Jodhpur
Sawariya @ Mukesh @ Chuggi vs State (2023/Rjjd/013468) on 4 May, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/013468] (1 of 3) [SOSA-166/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 166/2023
Sawariya @ Mukesh @ Chuggi S/o Late Shri Banshi Lal Jat, Aged
About 21 Years, R/o Mokhampura, P.s. Pratapnagar, Distt.
Bhilwara (At Present Lodged In Distt. Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Rahul Bathi
For Respondent(s) : Mr. SK Mehar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/05/2023
Heard the learned counsel for the parties on the third
application for suspension of sentence.
Counsel for the appellant submits that out of total ten years
of rigorous sentence, the appellant has served more than seven
years of sentence and hearing of the appeal will take sufficient
long time, in such circumstances, the sentence of the appellant
may kindly be suspended and he may be released on bail.
Learned Public Prosecutor has opposed the third application
for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant has served more
than seven years of sentence out of total ten years of rigorous
[2023/RJJD/013468] (2 of 3) [SOSA-166/2023]
sentence and hearing of the appeal will take sufficient long time,
this Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused appellant.
Accordingly, the third 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 Cases, No.2, Bhilwara vide judgment dated
26.03.2019 in Sessions Case No.70/2018 (87/2017) (54/2016)
against the appellant-applicant Sawariya @ Mukesh @ Chuggi S/o
Late Shri Banshi Lal Jat shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail subject to
deposit half of the fine amount as imposed by the learned trial
Court, 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 05.07.2023 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 half of the fine amount as
imposed by the learned trial Court.
[2023/RJJD/013468] (3 of 3) [SOSA-166/2023]
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
114-MS/-
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