Mohan And Ors vs State Of Rajasthan

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all

concerned.

Admit.

Call for the record.

Requisition be given 'dasti' to counsel for the appellant.

List the matter for suspension of sentence of appellant no.1 Mohan as soon as the record is received.

Heard learned counsel for the parties and perused the impugned order.

Counsel for the appellant submits that the maximum sentence awarded to appellant no.2 Banshi Lal is of three years' rigorous imprisonment and the

sentence awarded to him has already been suspended temporarily by the learned trial court itself. He, therefore, prays that the sentence of appellant

no.2 may be continued to be suspended during pendency of appeal.

Learned Public Prosecutor opposed the application.

Having considered all the facts and circumstances of case, without making any observation on the merits of case, we are inclined to suspend the

sentence of the appellant(s).

Accordingly, S.B. Suspension of Sentence (Appeal) No. 341/2021 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by learned Special Judge, Prevention of Children from Sexual Offences Act, Dungarpur vide judgment dated 27.04.2021 in Sessions

Case No.30/2020 (C.I.S. No.30/2020) against appellant no.2 Banshi Lal S/o. Ranga shall remain suspended till final disposal of the aforesaid appeal,

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 07.07.2021 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.

Similarly, if the sureties change their address, 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-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.