High Court allowed suspension of sentence for appellant convicted under POCSO Act, released on bail upon execution of bond and sureties during appeal pendency.
Suspension of sentence awarded by Special Judge; release on bail with bond of Rs.50,000/- and two sureties of Rs.25,000/each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 45/2024
Dinesh @ Kalu S/o Sukhlal, R/o Chitawa Police Station K.patan, District Bundi (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shree Ram Dhakar For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
24/01/2024
Heard learned counsel for the accused-applicant and learned Public Prosecutor on the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf of the accused-applicant 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 sentence awarded to the accused-applicant during pendency of the appeal.
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 the learned Special Judge, POCSO Act Cases No.-1, Bundi, vide judgment dated 06.01.2024 in Sessions Case No.110/2023 against the appellant-applicant Dinesh @ Kalu S/o Sukhlal , shall remain suspended till final disposal of the appeal and he shall be released on bail, provided he executes a personal
(2 of 2) [SOSA-45/2024]
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 his appearance in this court on 27.02.2024 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 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
130-/DHARMENDRA RAKHECHA
1 provisions across 1 enactments
Dinesh @ Kalu S/o Sukhlal
State of Rajasthan, through its Public Prosecutor
Victim D/o Ramlal
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
