HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc III Suspension Of Sentence Application (Appeal) No. 631/2022 IN S.B. Criminal Appeal No.636/2019 Narayan Singh S/o Sh. Kishordan, Aged About 26 Years, By Caste Charan, Resident Of Bera Belda, Police Station Bagdi Nagar, District Pali (At Present Lodged In Central Jail Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Shrawan Bishnoi, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 06/01/2023 This is third suspension of sentence application under Section 389 Cr.P.C. The second suspension of sentence application of the appellant was dismissed as withdrawn vide order dt. 10.08.2020.
Learned counsel for the appellant submits that appellant has been convicted for offence under Sections 363, 366-K, 376 of IPC & Section 3/4 of POCSO Act and awarded sentence to 10 years rigorous imprisonment. It is submitted that appellant has served more than 7 years imprisonment out of the total sentence of 10 years. The appellant is in judicial custody and hearing of the appeal is likely to take a long time. Therefore, the sentence awarded to the appellant may be suspended. (Downloaded on 06/01/2023 at 09:36:53 PM)
(2 of 3) [SOSA-631/2022] Per contra, learned Public Prosecutor has opposed the prayer of the appellant but submitted that accused-appellant has served more than 7 years of imprisonment out of total imprisonment.
Having regard to the facts and circumstances of the case so also the facts that the appellant has already undergone more than 7 years imprisonment out of the total sentence of 10 years and the appeal preferred by the appellant against the impugned judgment is not likely to be heard in near future, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
Accordingly, this third application for suspension of sentence under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, POCSO Act Cases, Jodhpur Metro vide judgment dated 09.05.2019 in Session Case No.45/2018 against accused-appellant Narayan Singh S/o Sh. Kishordan shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount. The appellant shall be released on bail provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 07.02.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
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 appellant 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, they will give in writing their changed address to the trial Court.(Downloaded on 06/01/2023 at 09:36:53 PM)
(3 of 3) [SOSA-631/2022]
4. The appellant shall deposit fine amount as
imposed by the trial court.
The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-
appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 236-raksha/-(Downloaded on 06/01/2023 at 09:36:53 PM)
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