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Ambu @ Amba Lal vs State on 4 April, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Appeal) No. 162/ 2018
In
S.B. Criminal Appeal No.153/2018
Ambu @ Amba Lal Son of Babu Nath, By Caste Kalbeliya, Resident
of Rayan Khera, P.S. Jeeras, District Neemach (MP).
(At Present Lodged in District Jail, Banswara)

—-Appellant
Versus
The State of Rajasthan Through Public Prosecutor

—-Respondent
__
For Appellant(s) : Mr. Rajendra Charan
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
04/04/2018

Pressing this application for suspension of sentence under

Section 389 Cr.P.C., it is argued by learned counsel that although

applicant was initially charged for offence punishable under

Sections 363, 366, 354 IPC and 7/8 of the POCSO Act but learned

trial Court by the impugned judgment has acquitted him of offence

under Sections 363, 366 IPC by extending the benefit of doubt

and convicted him for offence under Section 354 IPC and 7/8 of

the POCSO Act. Learned counsel further submits that the learned

trial Court has awarded maximum sentence of three years and six

months with fine of Rs.2,000/- and in default of payment of fine to

undergo sentence of four months’ simple imprisonment. Looking

to the short sentence and the fact that applicant has no other
(2 of 3)
[SOSA-162/2018]

criminal antecedent, his sentence may be suspended. Lastly,

learned counsel contends that applicant is in custody for last more

than eleven months is yet another mitigating circumstance for

considering his application for suspension of sentence favourably.

Per contra, learned Public Prosecutor has opposed the

application for suspension of sentence.

Having regard to the facts and circumstances of the case, I

feel inclined to accept this application for suspension of sentence.

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 learned Special Judge, POCSO Act Case,

Banswara vide judgment dated 17.01.2018, in Special (POCSO)

Case No.78/2017 against appellant-applicant, Ambu @ Amba Lal

Son of Babu Nath, 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 04.05.2018 and

whenever ordered to do so till disposal of the appeal, on the

conditions indicated below:-

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

2. That if the applicant changes the place of
residence, he will give in writing his changed
(3 of 3)
[SOSA-162/2018]

address to the trial Court as well as to the counsel
in the High Court.

3. 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

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 purposes relating to

pendency and disposal of cases in the trial Court. In case the said

accused applicant does not appear before the trial Court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(P.K. LOHRA)J.

Bharti/54

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