Shubham vs State Of Rajasthan
2023 Latest Caselaw 1954 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 2064/2022

Shubham S/o Sanjay Kumar, Aged About 24 Years, Swet School Road, Kalawali, P.s. Kalawali, Dist. Sirsa, Hariyana (Lodged In Central Jail Ajmer).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Roshan Lal Sharma S/o Parmeshwar Lal, Vill. Rasal P.s.

Kuchamancity, Dist. Nagaur.

                                                                 ----Respondents


Present in Person         :     Mr. Sanjay Kumar (Father of the
                                Appellant)
For Respondent(s)         :     Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

27/02/2023

The instant application for suspension of sentence under

Section 389 Cr.P.C. has been preferred on behalf of the applicant-

appellant Shubham S/o Sanjay Kumar, who has been convicted

and sentenced for the offence under Sections 363 & 366 of IPC

and Section 11/12 of POCSO Act vide judgment dated 16.11.2022

passed by learned Special Judge (POCSO Act Cases) No.1, Merta

in Sessions Case No.81/2021.

Heard Mr. Sanjay Kumar (Present in Person) for the applicant-

appellant and learned public prosecutor for the State on application for

suspension of sentence No.1243/2022. Perused the material available

on record.

(2 of 3) [CRLAS-2064/2022]

As per the custody certificate submitted by the learned Public

Prosecutor, the appellant has remained in custody for more than three

and half month till date. The maximum sentence which has been

awarded to the appellant by the learned trial court for the offence under

Section 11/12 of POCSO Act is 3 years. The appeal has not been taken

up for hearing even once and thus, there are bleak chances of early

disposal of the appeal.

If the sentences awarded to the appellant are not suspended, the

very purpose of filing the appeal shall be frustrated.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

this court is of the opinion that it is a fit case for suspending the

substantive sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence 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) No.1,

Merta vide judgment dated 16.11.2022 in Sessions Case No.81/2021

against the appellant-applicant Shubham S/o Sanjay Kumar 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

27.03.2023 and whenever ordered to do so till the disposal of the

appeal.

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

(3 of 3) [CRLAS-2064/2022]

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.

(RAJENDRA PRAKASH SONI),J 51-Anshul/-

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