Govardhan @ Govind vs State Of Rajasthan

Heard.

Admit.

Heard learned counsel for the appellant and learned public prosecutor on Application for Suspension of Sentence No.816/2020.

Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellant was on bail during trial, I consider

it just and proper to suspend the substantive sentence awarded to the accused appellant.

Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the

learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and Child Right Protection Commission Act, 2005 No.1, Pali vide

judgment dated 03.11.2020 in Sessions Case No.38/2019 against the accused-appellant Goverdhan @ Govind S/o Kishan Lal shall remain suspended

till final disposal of the aforesaid appeal subject to depositing the fine amount. The appellant shall be released on bail provided he 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 his appearance before this

court on 11.02.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

That similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

That the appellant shall deposit the fine amount as directed by the trial court.

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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.