Om Prakash @ Mangi vs State Of Rajasthan

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of respondent-State

Heard on application of suspension of sentence No.246/2021.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, including the

facts that the appellant is behind the bars since 13/02/2016 and he has served more than five years of sentence out of total sentence of seven years

and hearing of the appeal will take sufficient long time to be concluded, this court is of the opinion that it is a fit case for suspending the substantive

sentence awarded to the accused appellant.

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

passed by the Learned Sessions Judge, Special Court, POCSO Act Cases No.1, Shri Ganganagar, vide judgment dated 02.03.2021 in Sessions Case

No.239/2018 (229/2018) against the appellant-applicant Om Prakash @ Mangi S/o Shri Pala Ram shall remain suspended till final disposal of the

aforesaid appeal subject to the condition that the appellant will deposit the fine amount as imposed by the learned trial Court and he will 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 in this court on 12.07.2021 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.

Appellant shall deposit the fine amount as imposed by the learned 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 CriminalÂ

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.