Krishan Deshwal Son Of Malilram ... vs State Of Rajasthan
2023 Latest Caselaw 2274 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

   S.B. Criminal Misc. Suspension of Sentence Application No.
                                1425/2022

                                       In

               S.B. Criminal Appeal No. 2183/2022

Krishan Deshwal Son Of Malilram Jat, Resident Of Dhani
Bubariya Tan Mawanda R.s. Police Station Sadar Neem Ka Thana,
District Sikar (Rajasthan) (Presently Confined In Jail At Sikar)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s)          :     None
For Respondent(s)         :     Mr. Riyasat Ali, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

22/02/2023

Lawyers are abstaining from making appearance before this

Court.

The application for suspension of sentence has been

preferred on behalf of the appellant. Perused the judgment

impugned dated 12.10.2022 passed by learned Special Judge,

POCSO Act, No.2, Sikar whereby the accused appellant has been

convicted for the offence punishable under section 376 IPC and

Section 3/4 of POCSO Act and has been sentenced to maximum

seven years rigorous imprisonment along with fine of Rs. 50,000/-

for the offence punishable under Section 3/4 of POCSO Act.

(2 of 3) [SOSA-1425/2022]

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

As per the initial case of the prosecution, it was accused

Rahul Singh who subjected the victim to rape although on one

occasion, the name of the appellant has also been mentioned. I

have gone through the grounds raised in the memo of appeal as

well as carefully examined the material available on record.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions and looking to the totality of facts and

circumstances of the case 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.

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, No.2,

Sikar, vide judgment dated 12.10.2022 in Sessions Case No.

47/2018 against the appellant-applicant Krishan Deshwal Son Of

Malilram Jat 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 their appearance in this court on 31.03.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(3 of 3) [SOSA-1425/2022]

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their 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.

(FARJAND ALI),J

PREETI VALECHA /88

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