Mahendra Kumar vs State Of Rajasthan
2023 Latest Caselaw 5821 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.876/2023

In

S.B. Criminal Appeal No. 1423/2023

Mahendra Kumar S/o Nawaram, Aged About 23 Years, Mandwa, P.s. Kotwali Sirohi, Dist. Sirohi (Raj.)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Pawani W/o Ramlalji, Mandwa, P.s. Mandwa, Dist. Sirohi (Raj.).

                                                                ----Respondents


For Appellant(s)          :    Mr. JVS Deora
For Respondent(s)         :    Mr. S.K. Bhati, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

11/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

11.07.2023 passed by the learned Special Judge, POCSO Act,

District - Sirohi in Special Sessions Case No.26/2022 (CIS

No.26/2022) whereby he was convicted and sentenced to suffer

maximum imprisonment of three years' rigorous imprisonment

along with a fine of Rs.10,000/- under Section 7/8 of POCSO Act

and lesser punishment for the other offence under Section

11(iv)/12 of the POCSO Act.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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aspects of the 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. He

was on bail during trial and did not misuse the liberty so granted

to him; 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 on behalf of 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. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellant

was on bail during the course of trial and the 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.

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 Act, District -

Sirohi who passed the impugned order dated 11.07.2023 in

Special Sessions Case No.26/2022 (CIS No.26/2022) against the

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appellant-applicant- Mahendra Kumar S/o Nawaram 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 11.09.2023 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.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 255-Pramod/-

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