Kamlesh vs State Of Rajasthan (2023:Rj-Jd:40612)
2023 Latest Caselaw 10081 Raj

Rajasthan High Court - Jodhpur

Kamlesh vs State Of Rajasthan (2023:Rj-Jd:40612) on 24 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40612]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 961/2023
Kamlesh S/o Devilal, Aged About 19 Years, R/o Jemali, Thana
Sayra, District Udaipur, Rajasthan. (At Present Lodged In Central
Jail, Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pritam Joshi
For Respondent(s)         :     Ms. Anita Gehlot, PP


      HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 24/11/2023

Heard learned counsel for the parties and perused the

material available on record.

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 fact that appellant was in judicial custody

for more than two years out of five years and hearing of the

appeal is likely to take a long time, therefore, this Court is of the

opinion that it is a fit case for suspending the sentence awarded to

the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C is allowed and it is ordered that the

sentence passed by the learned Special Judge, POCSO Act and

Commissions for Protection of Child Rights Act, No.2 Udaipur in

Sessions Case No.07/2022 (C.I.S. No.09/2022) vide judgment

dated 28.07.2023 against the appellant Kamlesh S/o Devilal shall

remain suspended till final disposal of the aforesaid appeal subject

[2023:RJ-JD:40612] (2 of 2) [SOSA-961/2023]

to depositing the 50% of 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 08.01.2024 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. The appellant shall deposit 50% of fine amount as imposed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was 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-appellant 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 94-raksha/-

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