Rajasthan High Court - Jodhpur
Meka Ram @ Neka Ram vs State Of Rajasthan (2024:Rj-Jd:24643) on 29 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:24643]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 32/2024
Meka Ram @ Neka Ram S/o Shri Manga Ram, Aged About 28
Years, R/o Borta At Present Jodwada, P.s. Ramsin, District Jalore.
(At Present Lodged In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. SK Sainee
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Suresh Kumar
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/05/2024
Heard learned counsel for the parties and perused the
material available on record.
Learned Counsel for the appellant submits that the accused-
appellant is in judicial custody since 12.11.2022 and compromise
has arrived between the parties and there is no chance of hearing
of the appeal in the near future, therefore, the sentence of the
accused-appellant may be suspended and he be released on bail.
Learned counsel for the complainant concurs the fact of
compromise, however, learned Public Prosecutor has opposed the
application for suspension of sentence.
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 facts that the appellant is inside jail since
[2024:RJ-JD:24643] (2 of 3) [SOSA-32/2024]
12.11.2022 and compromise has arrived between the parties and
hearing of the appeal is likely to take time, therefore, 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
sentence passed by learned Special Judge, POCSO Act Cases,
Jalore, vide judgment dated 12.12.2023 in Sessions Case
No.07/2023 against the appellant-applicant- Meka Ram @ Neka
Ram S/o Shri Manga Ram, shall remain 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
learned trial Court and he 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 30.07.2024 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 applicant 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. Appellant shall deposit 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
[2024:RJ-JD:24643] (3 of 3) [SOSA-32/2024]
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 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
184-GKaviya/-
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