Prabhulal vs State Of Rajasthan ...
2023 Latest Caselaw 9156 Raj

[2023:RJ-JD:38002]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1323/2023

Prabhulal S/o Shri Amba Lal, Aged About 33 Years, R/o- Amrirama, P.s. Badi Sadri, Dist. Chittorgarh. (At Present Lodged At Dist. Jail Chittorgarh).

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


For Petitioner(s)         :     Mr. S.S. Sisodia
For Respondent(s)         :     Mr. Mool Singh Bhati, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

06/11/2023

This is suspension of sentence application under Section 389

Cr.P.C against the judgment of conviction and sentence dated

22.09.2023 passed by the learned Special Judge POCSO Act Cases

No.2, Chittorgarh in Special Sessions Case No.41/2022.

Learned counsel for the appellant submits that the appellant

was on bail during the trial and hearing of the appeal is likely to

take a long time. Therefore, the sentence awarded to the

appellant may be suspended.

Per contra, learned Public Prosecutor has opposed the prayer

of the appellant.

Having regard to the facts and circumstances of the case so

also the facts that the appeal preferred by the appellant against

the impugned judgment is not likely to be heard in near future, I

[2023:RJ-JD:38002] (2 of 3) [SOSA-1323/2023]

consider it just and proper to suspend the sentence awarded to

the accused appellant.

Accordingly, this application for suspension of sentence under

Sec.389 Cr.P.C. is allowed and it is ordered that the sentence

passed by the learned Special Judge POCSO Act Cases No.2,

Chittorgarh vide judgment dated 22.09.2023 in Special Sessions

Case No.41/2022 against accused-appellant Prabhulal S/o Shri

Amba Lal, shall remain suspended till final disposal of the

aforesaid appeal subject to depositing 50% of the fine amount.

The appellant shall 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 07.12.2023 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

[2023:RJ-JD:38002] (3 of 3) [SOSA-1323/2023]

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 186-Hanuman/-

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