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2019 DIGILAW 261 (RAJ)

Hurma v. State of Rajasthan

2019-01-21

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence. 2. Taking into account the facts and circumstances of the case as also the fact that the appellant was on bail during the trial, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-appellant. 3. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge (POCSO Act Cases), Dungarpur vide judgment dated 29.11.2018 in Sessions Case No. 119/2018 against the petitioner-appellant Hurma Son of Mithiya Kanipa 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. 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 21.02.2019 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 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. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 4. 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 accused- appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.