Panna Lal vs State Of Rajasthan ...
2023 Latest Caselaw 8974 Raj

[2023:RJ-JD:37392]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 357/2023

Panna Lal S/o Shri Heera Lal Luhar, Aged About 37 Years, Netawal Maharaj, P.s. Chanderiya, District Chittorgarh (Raj.). (At Present Lodged At Central Jail, Udaipur).

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

----Respondent Connected With S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 658/2021 Madan Lal S/o Sh. Panna Lal Luhar, Aged About 39 Years, Netawal Maharaj, P.s. Chanderiya, District Chittorgarh (Raj.). (At Present Lodged At Central Jail, Udaipur).

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


For Petitioner(s)          :    Mr. Zafar Khan
                                Mr. JVS Deora
For Respondent(s)          :    Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 02/11/2023 Misc. 2nd Suspension Of Sentence Application (Appeal) No. 357/2023

Learned counsel for the petitioner wants to withdraw the

present Suspension of Sentence Application.

Hence, the present Suspension of Sentence Application filed

by the petitioner is hereby dismissed as withdrawn.

[2023:RJ-JD:37392] (2 of 3) [SOSA-357/2023]

Misc. 2nd Suspension Of Sentence Application (Appeal) No.

658/2021

Heard learned counsel for the parties.

The first Suspension of Sentence Application (Appeal) was

dismissed as not pressed by this Court vide order dated

06.04.2021.

Learned counsel for the appellant submits that the appellant

was on bail during the trial. The appellant was sentenced for

seven years of imprisonment by the trial Court out of which, he

has already served about three years of imprisonment. The

hearing of the appeal will take sufficiently long time, therefore, the

sentence of the appellant may kindly be suspended.

Learned Public Prosecutor opposed 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

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 Cases, Chittorgarh, vide judgment dated 24.02.2021

in Sessions Case No.100/2018 against the appellant-applicant,

Madan Lal S/o Sh. Panna Lal Luhar, shall be suspended till final

disposal of the aforesaid appeal subject to the condition that the

appellant shall deposit 50% of the fine amount as imposed by the

[2023:RJ-JD:37392] (3 of 3) [SOSA-357/2023]

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 05.12.2023 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 50% of 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

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 603-604-Rashi/-

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