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Judgment
Heard on application for suspension of sentences. The matter comes up before the Division Bench because this appeal has been connected with the appeal of co-accused Hemant @ Ashu Soni, who has been convicted and sentenced for life imprisonment under the POCSO Act.
The appellant Kanta has been convicted for the offence under Section 201 IPC read with Section 120-B IPC and has been sentenced to five years
rigorous imprisonment.
As per submission of Shri Sharma, the convict has remained in custody for four years and three months. Hearing of the appeal is likely to consume
time.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences 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 sentences passed by the learned Special Judge, POCSO Act Cases, Hanumangarh, vide judgment dated 04.11.2019 in Sessions Case No.34/2018 against the appellant-
applicant Smt.Kanta W/o Manohar Lal Soni, shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail,
provided she 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 her 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.