Allowed

Moga @ Mogji v. State

Rajasthan HC6 Nov 2019SOSA/1089/2019

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application under Section 389 CrPC, suspending the substantive sentence passed against the appellant in conviction under POCSO Act and CRP Act, subject to conditions of personal bond and appearing in the trial court.

What did the court decide?

The substantive sentence awarded in Sessions Case No. 17/2019 is suspended until final disposal of the appeal.

Moga @ Mogji Vs State — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1089/2019

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Moga @ Mogji S/o Shri Dhula Meena, Aged About 32 Years, R/o Gol Nankiya Phala, P.S. Aspur, Distt. Doongarpur. (Presently Lodged In Distt. Jail, Doongarpur).

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr.Love Jain, Adv. For Respondent(s) : Mr.Vikram Sharma, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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06/11/2019

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Heard learned counsel for the appellant as well as learned public prosecutor and perused the record of the case.

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Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellant was on bail during the trial, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

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Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Judge, POCSO Act, 2012 and Child Rights Protection Commission Act, 2005, Doongarpur vide judgment dated 20.09.2019 in Sessions Case No.17/2019 (CIS No.17/2019) against the accused-appellant Moga @ Mogji S/o Dhula Meena shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount and

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(2 of 2)

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[SOSA-1089/2019]

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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 before this court on 09.12.2019 and whenever ordered to do so till the

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disposal of the appeal on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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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 accusedappellant was 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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MANOJ KUMAR GARG),J

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205-NK/-

Moga @ Mogji v. State

Case brief

What is this about?

What did the court decide?

Moga @ Mogji v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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