Amba Lal vs State Of Rajasthan ...
2023 Latest Caselaw 8803 Raj

[2023:RJ-JD:36400]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2224/2023

1. Amba Lal S/o Shri Natha Ram, Aged About 23 Years, R/o-

Village Pariya-Fali-Moras, P.s. Pindwara, Dist. Sirohi (Rajasthan).

2. Bharama Ram S/o Shri Rama Ram, Aged About 24 Years, R/o- Village Pariyia-Fali-Moras, P.s. Pindwara, Dist. Sirohi. (Rajasthan)

----Appellants Versus

1. State Of Rajasthan, Through Pp

2. Husa Ram S/o Shri Uda Ji Garasiya, R/o- Village Guda, Tehsil-Kotara, Dist. Udaipur, At Present Residing At Guiya- Fali-Moras, P.s. Pindwara, Dist. Sirohi (Rajasthan).

----Respondents

For Appellant(s) : Mr. Shambhoo Singh Rathore Mr. Hitendra Singh For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/10/2023

Heard.

Admit. Issue notice. Call for record.

Learned Public Prosecutor accepts notices on behalf of

respondent No.1-State. Issue notice to the respondent No.2 only.

Rule is made returnable on or before 15.12.2023.

Heard learned counsel for the parties on Misc. Bail

Application (Suspension of Sentence) No.1368/2023.

Learned counsel for the appellants submits that the

appellants were on bail during the trial and hearing of the appeal

[2023:RJ-JD:36400] (2 of 3) [CRLAS-2224/2023]

will take sufficiently long time, therefore, the sentence of the

appellants 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 appellants 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

appellants.

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,

Prevention of Children from Sexual Offences Act, Sirohi, vide

judgment dated 04.10.2023 in Special Session Case No.11/2021

against the appellant-applicants, (1) Amba Lal S/o Shri Natha Ram

and (2) Bharama Ram S/o Shri Rama Ram shall be suspended till

final disposal of the aforesaid appeal subject to the condition that

the appellants shall deposit the 50% of the fine amount as

imposed by the learned trial Court and he will be released on bail,

provided each of them 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 their appearance in this

court on 23.11.2023 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.

[2023:RJ-JD:36400] (3 of 3) [CRLAS-2224/2023]

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 the 50% of 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 1148-Rashi/-

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