Rajasthan High Court - Jodhpur
Kishan Singh @ Kalu vs State on 6 August, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 47/2020
Kishan Singh @ Kalu S/o Sh. Bahadur Singh Tanwar, Aged About
27 Years, B/c Rajput, R/o 9-N, 22, Kishanawao Ki Khedi, Ptel
Nagar, P.s. Pratapnagar,dist. Bhilwara. (At Present Lodged At
Central Jail, Ajmer).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Rajendra Charan
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
06/08/2021
This second application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Kishan Singh @ Kalu who has been convicted and
sentenced for the offences under Section 452 IPC and Section 3/4
of the POCSO Act vide the judgment dated 12.12.2015 passed by
learned Special Judge, POCSO Act Cases, Bhilwara in Sessions
Case No.62/2014.
Heard learned counsel for the appellant-application, learned
Public Prosecutor and perused the material available on record.
As per the arrest memo, the appellant was arrested in this
case on 11.03.2014. The maximum sentence which has been
awarded to the appellant by the trial court for the offence under
Section 4 of the POCSO Act is ten years. The appeal has not been
(2 of 3) [SOSA-47/2020]
taken up for hearing even once and thus, there are bleak chances
of the early disposal of the appeal. If the sentences awarded to
the appellant are not suspended, the very purpose of filing of the
appeal shall be frustrated.
In this background and having regard to the overall facts and
circumstances of the case, this Court is of the opinion that this is a
fit case to enlarge the appellant-applicant on bail by suspending
his sentences during the pendency of the appeal.
Accordingly, the instant second application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
POCSO Act Cases, Bhilwara vide judgment dated 12.12.2015 in
Sessions Case No.62/2014 against the appellant-applicant Kishan
Singh @ Kalu S/o Shri Bahadur Singh shall remain suspended till
final disposal of the aforesaid appeal and he shall be released on
bail subject to the condition that he shall furnish 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 06.09.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal is
decided.
2. 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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to the
trial Court.
(3 of 3) [SOSA-47/2020]
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.
(SANDEEP MEHTA),J
82-Sudhir Asopa/-
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