Rajasthan High Court - Jodhpur
Narayan Singh vs State Of Rajasthan on 6 January, 2023
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc III Suspension Of Sentence Application
(Appeal) No. 631/2022
IN
S.B. Criminal Appeal No.636/2019
Narayan Singh S/o Sh. Kishordan, Aged About 26 Years, By
Caste Charan, Resident Of Bera Belda, Police Station Bagdi
Nagar, District Pali (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2023
This is third suspension of sentence application under Section
389 Cr.P.C. The second suspension of sentence application of the
appellant was dismissed as withdrawn vide order dt. 10.08.2020.
Learned counsel for the appellant submits that appellant has
been convicted for offence under Sections 363, 366-K, 376 of IPC
& Section 3/4 of POCSO Act and awarded sentence to 10 years
rigorous imprisonment. It is submitted that appellant has served
more than 7 years imprisonment out of the total sentence of 10
years. The appellant is in judicial custody and hearing of the
appeal is likely to take a long time. Therefore, the sentence
awarded to the appellant may be suspended.
(2 of 3) [SOSA-631/2022]
Per contra, learned Public Prosecutor has opposed the prayer
of the appellant but submitted that accused-appellant has served
more than 7 years of imprisonment out of total imprisonment.
Having regard to the facts and circumstances of the case so
also the facts that the appellant has already undergone more than
7 years imprisonment out of the total sentence of 10 years and
the appeal preferred by the appellant against the impugned
judgment is not likely to be heard in near future, I consider it just
and proper to suspend the substantive sentence awarded to the
accused appellant.
Accordingly, this third application for suspension of sentence
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge, POCSO
Act Cases, Jodhpur Metro vide judgment dated 09.05.2019 in
Session Case No.45/2018 against accused-appellant Narayan
Singh S/o Sh. Kishordan shall remain suspended till final disposal
of the aforesaid appeal subject to depositing the fine amount. The
appellant shall be released on bail provided he executes a
personal bond in the sum of Rs.2,00,000/- with two sureties of
Rs.1,00,000/- each to the satisfaction of the learned trial Judge
for his appearance in this court on 07.02.2023 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 appellant 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 address,
they will give in writing their changed address to
the trial Court.
(3 of 3) [SOSA-631/2022]
4. The appellant shall deposit fine amount as
imposed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
236-raksha/-
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