Rajasthan High Court - Jodhpur
Chetan vs State Of Rajasthan-State on 29 July, 2021
Bench: Sandeep Mehta
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
(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:-
(3 of 3) [SOSA-417/2021]
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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