Rajasthan High Court - Jodhpur
Shiv Kumar Swami vs State Of Rajasthan on 6 January, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 272/2021
In
S.B. Criminal Appeal No. 334/2021
Shiv Kumar Swami S/o Mangal Das, Aged About 38 Years, R/o
Swamiyo Ka Mohalla, Inside Jasusar Gate, P.s. Naya Shahar,
Dist. Bikaner (Presently Accused In Jail).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Siddharth Joshi, through VC
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
06/01/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Shiv Kumar Swami S/o Mangal Das, who has been
convicted and sentenced for the offences under Section 7/8 of the
POCSO Act, 2005 and under Section 342 of the IPC vide the
judgment dated 26.02.2021 passed by the learned Special Judge,
POCSO Act Cases, Bikaner in Sessions Case No.29/2019 (CIS
No.29/2019).
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentence and proposed to argue the
matter orally.
(2 of 3) [SOSA-272/2021]
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicant-appellant submits that
applicant-appellant is behind the Bars since 19.04.2019 and till
date he has served more than 3/4 part of the sentence awarded to
him. He further submits that hearing of the appeal will consume
time, therefore, sentence awarded to the accused-appellant may
be suspended during pendency of 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,
Bikaner vide judgment dated 26.02.2021 in Sessions Case
No.29/2019 (CIS No.29/2019) against the appellant-applicant
Shiv Kumar Swami S/o Mangal Das 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 08.02.2022 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.
(3 of 3) [SOSA-272/2021]
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.
(VINOD KUMAR BHARWANI),J
56-Mamta/-
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