Single judge allowed suspension of sentence appealed against conviction under POCSO Act. Appellant to deposit fine and furnish bond with sureties. He must appear in trial court and maintain residence details.
Suspension of substantive sentence; release on bail with deposit of fine and bond of Rs.1,00,000/-.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 64/2020
Manohar Singh @ Rewant Singh S/o Jaga @ Jagdish Singh, Aged About 23 Years, By Caste Ravna Rajput, R/o Chouhtan Police Station Chouhtan, District Barmer. (At Present Lodged In Sub Jail, Balotra).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Tribhuwan Singh For Respondent(s) : Mr. Sudheer Tak PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/01/2020
Heard on application of 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, 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 substantive sentences passed by the learned Special Judge POCSO Act Cases Balotra vide judgment dated 18.09.2019 in Sessions Case No.55/2018 (OLD 22/2018) against the appellant-applicant Manohar Singh @ Rewant Singh S/o Jaga @ Jagdish Singh shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/-
(2 of 2)
[SOSA-64/2020]
with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 14/02/2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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 accusedapplicant(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
64-Anshul/-
1 issue framed by the court
Whether the applicant is a fit case for suspension of sentence pending appeal.
1 provisions across 1 enactments
Manohar Singh @ Rewant Singh
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
