Rajasthan High Court - Jodhpur
Ruchita @ Rosna vs State Of Rajasthan ... on 17 October, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:35531]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.
1393/2023
Ruchita @ Rosna D/o Mangilal, Aged About 19 Years, Khatukada, Ps
Guda Endla, Dist. Pali (Raj.). (At Present Lodged In Dist. Jail, Pali).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mangilal S/o Jagga Meghwal, Aged About 47 Years, R/o
Khatukada, P.s. Guda Endla, Dist. Pali, Raj.
----Respondents
For Petitioner(s) : Mr. Rajesh Panwar, Sr. Adv. assisted by
Mr. Rajesh Bhati
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/10/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor 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 co-accused namely Mangilal, Sita and
Dunga Ram have already been enlarged on bail by this Court and the
case of the present appellant is similar to those of the co-accused,
this Court is of the opinion that it is a fit case for suspending the
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
sentence passed by learned Special Judge, POCSO Act, 2012 &
Commission for Protection of Child Rights Act, 2005, No.1, Pali, vide
judgment dated 06.07.2023 in Session Case No.65/2021 against the
appellant-applicant Ruchita @ Rosna D/o Mangilal, shall remain
[2023:RJ-JD:35531] (2 of 2) [SOSA-1393/2023]
suspended till final disposal of the aforesaid appeal and she shall be
released on bail subject to deposit 50% of the fine amount as
imposed by the learned trial Court, provided she 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 her
appearance in this court on 28.11.2023 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
764-MS/-
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