Kishore Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5511 Raj

Citation : 2023 Latest Caselaw 5511 Raj
Judgement Date : 2 August, 2023

Rajasthan High Court - Jodhpur

Kishore Singh vs State Of Rajasthan ... on 2 August, 2023

Bench: Farjand Ali

[2023:RJ-JD:24534]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 890/2023

Kishore Singh S/o Sh. Babu Singh Rawat, Aged About 27 Years, R/o Satrungiya, P.s. Bagadi Nagar, Dist. Pali (Presently Lodged In Central Jail, Jodhpur (Raj.)).

----Petitioner Versus

1. State Of Rajasthan, Through Pp, Raj. High Court, Jodhpur

2. Gordhanlal S/o Kevalchand Mali, R/o Shrikrishna Colony, Opp. Hawai Patti, Sojat City, Teh. Sojat, Dist. Pali (Raj.).

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Om Prakash
For Respondent(s)          :    Mr. S.S. Rajpurohit, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

02/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 01.06.2023 passed by learned Special Judge, POCSO

Court No.2, Pali in Criminal Sessions Case No.19/2023

whereby he was convicted and sentenced to suffer maximum

punishment of five years rigorous imprisonment along with

compensation fine of Rs.30,000/- under Sections 9(l)/10 of

the POCSO Act as well as 9(m)/10 of the POCSO Act and

lesser punishment for the other offence punishable under

Sections 354 and 354-B of the IPC.

2. It is contended that the learned trial Judge has not

appreciated the correct, legal and factual aspects of the

[2023:RJ-JD:24534] (2 of 3) [SOSA-890/2023]

matter and thus, reached at an erroneous conclusion of guilt,

therefore, the same is required to be appreciated again by

this court being the first appellate Court. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The star witness PW-3 'C', who allegedly has been victimized,

has not supported the case of the prosecution, rather turned

hostile. She developed and recited altogether different story

on earlier occasions during the investigation. A glimpse on

her statement reveals that she had made exculpatory

evidence. In this view of the matter, it can be said that the

appellant has a strong arguable case in his favour and hope

of his success in appeal is very much present. Thus,

considering the submission of learned counsel for the parties

and looking to the totality of facts and circumstances of the

case, more particularly the facts that hearing of appeal is

likely to take further more time and considering the overall

submissions while refraining from passing any comments on

the niceties of the matter and the defects of the prosecution

as the same may put an adverse effect on hearing of the

appeal, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused-appellant.

[2023:RJ-JD:24534] (3 of 3) [SOSA-890/2023]

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Special Judge, POCSO Court

No.2, Pali in Criminal Sessions Case No.19/2023 against the

appellant-applicant Kishore Singh S/o Sh. Babu Singh

Rawat 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

02.09.2023 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.

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.