HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 482/2023

IN

S.B. Criminal Appeal No.617/2023

Vagta Ram S/o Shri Badma Ram, Aged About 27 Years, R/o

Mandar, Police Station Mandar, District Sirohi. (Confined In

District Jail, Sirohi)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Jagatveer Singh Deora

For Respondent(s)

:

Mr. SS Rajpurohit, PP

HON'BLE DR. JUSTICE NUPUR BHATI (VACATION JUDGE)

Order

06/06/2023

1.

Admit.

2.

Record has already been received.

3.

Heard learned counsel for the parties on the application

seeking suspension of sentence no.482/2023.

4.

Learned counsel for the appellant submits that the appellant

was on bail during trial. The maximum sentence awarded to him is

of three year’s RI. Presently he is behind bars since 25.4.2023.

The hearing of appeal is likely to take a long time, thus, prayed to

suspend the sentence.

5.

Learned PP opposed the application.

(2 of 3)

[SOSA-482/2023]

6.

Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the sentence

awarded to the accused appellant.

7.

Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellant

(s) – Vagta Ram S/o Shri Badma Ram by the learned Special

Judge, POCSO Act Cases, Sirohi vide judgment dated 17.2.2023

in Special Sessions Case No.7/2020 shall remain suspended till

final disposal of aforesaid appeal provided he executes a personal

bond for a sum of Rs.50,000/- alongwith two solvent sureties in

the sum of Rs.25,000/- each to the satisfaction of learned trial

court for his appearance before this Court on 10.07.2023 and

whenever called upon 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(s) to the trial

court.

8.

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

(3 of 3)

[SOSA-482/2023]

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.

(DR. NUPUR BHATI), VJ

68-Sanjay/-