Rajasthan High Court
Sonu Nagar S/O Shankarlal vs State Of Rajasthan (2024:Rj-Jp:5736) on 2 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5736]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 65/2024
1. Sonu Nagar S/o Shankarlal, R/o Dungarpur Thana Sarola
District Jhalawar Hal Chauth Mata Mandir Ke Pass
Dhabukada Devnarayan Ji Ke Aage Anwali Road Rojdi
Thana R.k. Puram Kota City (Raj)
2. Abhishek Alias Rahul Nagar S/o Babulal, R/o Roopaheda
Thana Devlimanjhi District Kota Hal Chauth Mata Mandir
Ke Pass Dhabukhada Devnarayan Ji Ke Aage Anwali Road
Rojdi Thana R.k. Puram Kota City (Raj)
3. Dharmendra Alias Narendra Nagar S/o Shankarlal, R/o
Dungarpur Thana Sarola District Jhalawar Hal Chauth
Mata Mandir Ke Pass Dhabukada Devnarayan Ji Ke Aage
Anwali Road, Rojdi Thana R.k. Puram Kota City (Raj)
4. Kapil Sen S/o Harinarayan, R/o Deeppura Thana Thana
Kaithoon District Kota Hal Chauth Mata Mandir Ke Pass,
Dhabukada Devnarayan Ji Ke Aage Aniwali Road Rojdi
Thana R.k. Puram Kota City (Raj)
----Petitioners
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Respondent
For Petitioner(s) : Mr.Dushyant Singh Naruka
For Respondent(s) : Mr.Chandragupt Chopra, Public
Prosecutor
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
02/02/2024
The appellants-applicants - (i) Sonu Nagar s/o Shankar Lal (ii)
Abhishek alias Rahul Nagar S/o Babulal, (iii) Dharmendra alias
Narendra Nagar s/o Shri Shankarlal and (iv) Kapil Sen s/o
Harinarayan have been convicted and sentenced vide judgment
[2024:RJ-JP:5736] (2 of 3) [SOSA-65/2024]
dated 09.01.2024 passed by learned Speical Judge POCSO Act and
Commission for Child Right Protection Act Cases No.5, Kota in
Special Session Case No.48/2022 (CIS No.176/2022) as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
For appellant 3 years' SI Rs.5000/- Additional Six
Nos.1 to 3 : Months' SI
354D read with
Section 34 of IPC
For appellant 3 Year's SI Rs.5000/- Additional Six
No.4: Months' SI
354D of IPC
Heard learned counsel for the applicants-appellants and
learned Public Prosecutor on the application for suspension of
sentences.
Upon a consideration of the arguments advanced on behalf
of the appellants-applicants and having regard to the facts and
circumstances as available on the record, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused appellants-applicants during pendency of the
instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Speical Judge POCSO Act and
Commission for Child Right Protection Act Cases No.5, Kota vide
judgment dated 09.01.2024 in Speical Session Case No.48/2022
(CIS No.176/2022) against the appellants-applicants namely (i)
Sonu Nagar s/o Shankar Lal (ii) Abhishek @ Rahul Nagar S/o
Babulal, (iii) Dharmendra @ Narendra Nagar s/o Shri Shankarlal
[2024:RJ-JP:5736] (3 of 3) [SOSA-65/2024]
and (iv) Kapil Sen s/o Harinarayan, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail,
provided each of them executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 04.03.2024 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.
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.
(PRAVEER BHATNAGAR),J
Preeti Asopa /73
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