Mahendra Kumar vs State

Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

The applicant-appellant herein has been convicted for offences under Sections 363, 366 of the IPC and Section 4 of the POCSO Act vide judgment

dated 30.05.2015 passed by learned Special Judge, POCSO Cases, Udaipur in Sessions Case No.285/2014 and has been sentenced to maximum

punishment of seven years.

The appellant has suffered imprisonment of six years. Considering the fact that the appeal has not been heard till date and as the appellant is just a

few months short of serving out the entire sentence awarded to him, this Court deems it fit to accept the instant seventh application for suspension of

sentences.

Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the

learned Special Judge, POSCO Act Cases, Udaipur vide judgment dated 30.05.2015 in Sessions Case No.285/2014 against the appellant-applicant

Mahendra Kumar S/o Shri Shanker Lal 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.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for his

appearance in this court on 19.03.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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.