The High Court held the appellant was in a fit case for sentence suspension under Cr.P.C. Sec. 389 pending appeal conviction for offences under POCSO and subsequently released on bail upon executing a personal bond with sureties.
Sentence suspended pending appeal disposal; bail granted subject to personal bond execution and specific conditions.
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[2023/RJJD/001943]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1145/2022
Mukesh Khatik S/o Sukhdev Khatik, Aged About 29 Years, R/o Lamba Police Thana Baneda, Presently R/o Tenant Of Mohan Teli House Malola Road Police Thana Pratapnagar, District Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Jitendra Ojha |
|---|---|
| For Respondent(s) | : Mr. Javed Gauri,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
23/01/2023
Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the accusedappellant is behind the bars since long and disposal of the present appeal will take time. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the disposal of the appeal will consume time.
Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case,
(2 of 3)
[2023/RJJD/001943]
[SOSA-1145/2022]
this court is of the opinion that it is a fit case for suspending the 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 sentences passed by the learned Special Judge of Protection of Children from Sexual Offenses Act No.1, Bhilwara, vide judgment dated 11.11.2022 in Sessions Case No. 215/2018 against the appellant-applicant Mukesh Khatik Vs. Sukhdev Khatik shall remain suspended till final disposal of the aforesaid appeal 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 23.2.2023 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
(3 of 3)
[2023/RJJD/001943]
[SOSA-1145/2022]
Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
214-CPGoyal/-
2 issues framed by the court
Whether the appellant accused is eligible for suspension of sentence to facilitate the disposal of pending appeal.
Whether a personal bond is requisite for release on bail pending disposal of the suspension application.
1 provisions across 1 enactments
Mukesh Khatik
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
