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Rajasthan High Court · body

2019 DIGILAW 1766 (RAJ)

Kishan v. State, Through PP

2019-06-07

DINESH MEHTA

body2019
JUDGMENT 1. Heard the learned counsel for the parties. 2. The learned counsel for the appellant-applicant submits that the appellant was convicted and sentenced by the learned trial court for the offence under Section 366 of the IPC for three years RI vide judgment dated 30.1.2019. 3. 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 sentences awarded to the accused appellant. 4. 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, POCSO Act, District Chittorgarh vide judgment dated 30.1.2019 in Sessions Case No. 5/2018 (73/2016) against the appellant-applicant Kishan S/o Ramesh shall remain suspended till final disposal of the appeal and he shall be released on bail, provided he executes a personal 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 8.7.2019 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(s), they will give in writing their changed address to the trial Court. 5. 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 accusedapplicant 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 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.