Rajasthan High Court - Jodhpur
Hemant Kumar vs State on 18 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2 Suspension Of Sentence Application
nd
(Appeal) No. 108/2021
Hemant Kumar S/o Shri Ghisa Lal, Aged About 24 Years, B/c
Garg, R/o Aalori Gadwara, Ratangarh Police Station, District
Neemach (MP) (Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr. JVS Deora.
For Respondent(s) : Mr. B.R. Bishnoi, AGC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
18/03/2021
Learned Public Prosecutor has chosen not to file reply to this
application for suspension of sentences and proposes to argue the
matter orally.
The instant second application for suspension of sentences
has been preferred on behalf of the appellant applicant who has
been convicted and sentenced as below vide judgment dated
25.05.2018 passed by the learned Special Judge, POCSO Act
Cases (Additional Sessions Judge, No.3), Chittorgarh in Sessions
Case No.114/2016:
Offences Sentences Fine Fine Default
sentences
Section 366 IPC 7 Years' R.I. Rs.7,000/- 6 Months' S.I.
Section 314 IPC 10 Years' R.I. Rs.10,000/- 6 Months' S.I.
Section 201 IPC 3 Years' R.I. Rs.3,000/- 3 Months' S.I.
Section 5(L)/6 10 Years' R.I. Rs.10,000/- 6 Months' S.I.
POCSO Act
(2 of 3) [SOSA-108/2021]
The first application for suspension of sentences filed on
behalf of the appellant was dismissed for want of prosecution
because the counsel did not appear to argue the matter.
I have heard and considered the submissions advanced at
bar and have gone through the impugned judgment as well as the
material available on record.
The appellant is in custody since 08.10.2015. After
considering the submissions advanced at bar and going through
the evidence available on record, it is clear that the trial court held
in the impugned judgment that there is no satisfactory evidence to
prove that the appellant kidnapped the victim Ms. 'G'. As per the
medical evidence also, the cause of death of the victim could not
be established.
In this background, I am of the opinion that the appellant
has available to him strong grounds to assail the impugned
judgment. Hearing of the appeal is likely to consume time.
Thus, having regard to the overall facts and circumstances
available on record and, considering the prolonged custody of the
appellant and the bleak chances of early disposal of the appeal, I
am inclined to suspend the sentences awarded to the appellant,
during 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 the
Special Judge, POCSO Act Cases (Additional Sessions Judge,
No.3), Chittorgarh, vide judgment dated 25.05.2018 in Sessions
Case No.114/2016 against the appellant-applicant Hemant
Kumar, shall remain suspended till final disposal of the aforesaid
(3 of 3) [SOSA-108/2021]
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 09.04.2021 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.
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
140-/Tikam/-
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