Shiv Lal vs State

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

Learned counsel for the appellant submits that the sentences awarded to the applicant-appellant has already been suspended by the trial court for a

period of thirty days.

The applicant-appellant herein has been convicted for offences under Section 323 IPC and Section 11/12 of the POCSO Act vide judgment dated

04.02.2020 passed by learned Special Judge, POCSO Act Cases, Chittorgarh in Special Sessions Case No.63/2018 and has been sentenced to

maximum punishment of one year.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances as available on the

record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during pendency of the instant

appeal.

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

learned Special Judge, POCSO Act Cases, Chittorgarh vide judgment dated 04.02.2020 in Special Sessions Case No.63/2018 against the appellant-

applicant Shiv Lal S/o Shri Madan Lal Joshi 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.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 17.03.2020 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.