Rajasthan High Court
Kanhaiyyalal @ Lallu Son Of Gopal ... vs State Of Rajasthan on 5 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
1228/2022
In
S.B. Criminal Appeal No. 1868/2022
Kanhaiyyalal @ Lallu S/o Gopal Lal, Aged About 26 Years, R/o
Peepalvasa, Police Station Dablana, District Bundi (Rajasthan)
(At Present Confined In Central Jail, Bundi)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Ajay Singh
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 08.09.2022 passed by
learned Special Court, POCSO Act, 2012 and Commission for
Protection of Child Rights Act, 2005, No. 2, Bundi whereby the
accused appellant has been convicted for the offence punishable
under sections 4/18 of POCSO ACt and has been sentenced to
maximum ten years rigorous imprisonment along with fine of Rs.
50,000/.
Learned counsel for the accused-appellants submits that
there is major discrepancy appearing in the statement of the
prosecutrix.
(2 of 3) [SOSA1228/2022]
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
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 Court, POCSO Act, 2012
and Commission for Protection of Child Rights Act, 2005, No. 2,
Bundi, vide judgment dated 08.09.2022 in Sessions Case No.
114/2021 against the appellant-applicant Kanhaiyyalal @ Lallu S/o
Gopal Lal, 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 09.02.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
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
(3 of 3) [SOSA1228/2022]
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.
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 accused-
applicants 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 applicants does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
PREETI VALECHA /73
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