HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 417/2021 Chetan S/o Sh. Gopal Regar, Aged About 23 Years, Nai Arwad, P.s. Phuliya Kallan, Dist. Bhilwara. (Presently Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. Mridul Jain
For Respondent(s) : Mr. Anil Joshi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
29/07/2021
The instant third application for suspension of
sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant Chetan S/o Gopal Regar, who has been convicted and sentenced for the offences under Sections 343, 363, 366-A IPC and Section 3/4 of the POCSO Act vide the judgment dated 23.08.2016 passed by the learned Special Judge, POCSO Act Cases, Bhilwara in Sessions Case No.7/2015 Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposed to argue the matter orally.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the appellant-applicant points out the appellant is in custody since 21.08.2014 and thus, he has (Downloaded on 29/07/2021 at 09:00:06 PM) (2 of 3) [SOSA-417/2021] suffered actual imprisonment of 6 years and 11 months as on the date out the of maximum sentence of 10 years awarded for the offence under Section 3/4 of the POCSO Act. He urges that there is no possibility of early hearing of the appeal and thus, the appellant deserves indulgence of bail.
Learned Public Prosecutor opposed the submissions advanced by the appellant's counsel. However, he too is not in a position to dispute the fact that the applicant has suffered incarceration in excess of 6 years and 11 months with no possibility of early decision of the appeal.
In this background and having regard to the entirety of the facts and circumstances of the case, this court is of the view that it is a fit case for grant of indulgence of bail to the appellant- applicant by suspending the sentences awarded to him by the trial court during the pendency of the appeal.
Accordingly, the application for suspension of sentences 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, Bhilwara vide judgment dated 23.08.2016 in Sessions Case No.7/2015 against the appellant-applicant Chetan S/o Gopal Regar 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 31.08.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant 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.
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 the 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 purpose 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.
(SANDEEP MEHTA),J 28-Pramod/-
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