Lal Singh @ Ajmer Singh vs State Of Rajasthan
2023 Latest Caselaw 6535 Raj

Citation : 2023 Latest Caselaw 6535 Raj
Judgement Date : 29 August, 2023

Rajasthan High Court - Jodhpur

Lal Singh @ Ajmer Singh vs State Of Rajasthan on 29 August, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc Suspension of Sentence Application No.700/2023

IN S.B. Criminal Appeal No. 1239/2023

Lal Singh @ Ajmer Singh S/o Makhan Singh, Aged About 32 Years, R/o Chak 2 Pm II Ps Rawla Dist. Sri Ganganagar (At Present Lodged In Central Jail Sri Ganganagar)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Sukhdev Singh, Aged About 40 Years, R/o 2 P.M. II Abadi Police Thana Rawla, District Srganganagar

----Respondents

For Appellant(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI Order

29/08/2023 The instant application for suspension of sentence has been

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

12.07.2022 passed by the learned Special Judge, POCSO Act

Cases,No.2, Sri Ganganagar in Sessions Case No.82/2021

whereby he was convicted and sentenced to suffer maximum

imprisonment of 10 years under Section 5(m)/6 of POCSO Act and

lesser punishment for the other offences under Sections 450 of

IPC.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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. Hearing of the appeal is likely to

(2 of 3)

take long time, therefore, the application for suspension of

sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard and perused the material available on record.

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/fact that as per the

statement of PW-11 Dr. Arun and the medical report Ex.P-5 no

significant evidence has been traced to corroborate the allegation

as levelled by the victim PW-1 as well as considering the fact that

the appellant is behind the bars for 07 years out of total sentence

10 years and 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-

petitioner.

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 Cases,

No.2, Sri Ganganagar who passed the impugned order 12.07.2022

in Sessions Case No.82/2021 against the petitioner-applicant- Lal

Singh @ Ajmer Singh S/o Makhan Singh shall remain

(3 of 3)

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 29.09.2023 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.