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2019 DIGILAW 416 (RAJ)

Saroj Paliwal v. State, Through PP

2019-02-05

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard. 2. Admit. Learned Public Prosecutor accepts notices on behalf of the respondent-State. 3. Call for record. 4. Heard on application for suspension of sentence No. 149/2019. 5. 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 sentences awarded to the accused- appellant. 6. 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 & The Commissions for Protection of Child Rights Act, 2005 Cases, Jodhpur District, Jodhpur, vide judgment dated 31.01.2019 in Session Case No. 13/2018 (49/2013) (CIS No. 13/2018) against the appellant-applicant Smt Saroj Paliwal W/o Dr. Pawan Paliwal, shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she 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 her appearance in this court on 12.03.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their 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. 7. 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.