Rajasthan High Court - Jodhpur
Jayanti Lal @ Kishore Kumar vs State Of Rajasthan on 8 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 805/2021
in
S.B. Criminal Appeal No. 1205/2021
Jayanti Lal @ Kishore Kumar S/o Sh. Chunni Lal, Aged About 39
Years, R/o Maliyon-Ka-Bas, P.S. Sumerpur, Dist. Pali (Raj.).
----Appellant
Versus
State of Rajasthan through PP
----Respondent
For Appellant(s) : Mr. Shambhoo Singh Rathore
Mr. Bharat Singh Rathore
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
08/12/2021
Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor, on application for suspension of
sentences.
By the instant application preferred under Section 389
Cr.P.C., applicant-appellant has craved for suspending the
sentences handed down by learned Special Judge, Protection of
Children from Sexual Offences Act, 2012, No.1, Pali (for short,
'learned trial Court'), by its verdict dated 17.11.2021 in Sessions
Case No.26/2021. Learned trial Court, by the aforesaid verdict,
convicted the applicant-appellant for offences under Sections 457,
354, 354-A and 506 of the Indian Penal Code and Section 7/8 of
(2 of 3) [CRLAS-1205/2021]
the POCSO Act.
Admit. Issue notice.
Learned Public Prosecutor is directed to accept notices on
behalf of the respondent (State).
Send for the record.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that applicant-appellant has falsely
been implicated in this case; applicant-appellant has been handed
down a short sentence of three years' Simple Imprisonment; final
decision of the appeal is likely to take considerable time, and,
therefore it would not be appropriate to keep applicant-appellant
under further incarceration.
Per contra learned Public Prosecutor has opposed the
application for suspension of sentences.
Although, as per argument, trial will take sufficiently long
time, 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, Protection of Children
from Sexual Offences Act, 2012, No.1, Pali, vide judgment dated
17.11.2021, in Sessions Case No.26/2021 against appellant-
applicant, Jayanti Lal @ Kishore Kumar, 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.1,00,000/- with two sureties of Rs.50,000/-each to the
(3 of 3) [CRLAS-1205/2021]
satisfaction of the learned trial Judge for his appearance in this
Court on 09.01.2022 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
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.
(DEVENDRA KACHHAWAHA),J
66-Rashi/-
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