Rajasthan High Court
Santosh Kumar @ Shishram Son Of Shri ... vs State Of Rajasthan (2024:Rj-Jp:36829) on 2 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:36829]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1270/2024
IN
S.B. Criminal Appeal No.1757/2024
Santosh Kumar @ Shishram Son Of Shri Beerbal @ Veeru,
Resident Of Pahari Police Station Behror, District Alwar (Raj)
(Presently Accused Appellant Confined At Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Gurvinder Singh
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
02/09/2024
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentence.
The applicant-appellant herein has been convicted for offence
under Sections 363 & 366(A) of IPC vide judgment dated
19.07.2024 passed by learned Special Judge, Protection of
Children from Sexual Offences Act & Child Right Protection
Commission Act, 2005 No.3, Alwar, Raj. in Sessions Case
No.01/2023 and has been sentenced to maximum punishment of
four years.
Learned counsel for the applicant submits that learned trial
court has erred in convicting and sentencing the applicant as
[2024:RJ-JP:36829] (2 of 3) [SOSA-1270/2024]
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. He submits that co-
accused person of this case has already been granted benefit of
suspension of execution of sentence. Counsel submits that the
accused appellant was on bail during trial and they did not misuse
the liberty of bail. He argues that there is no immediate prospect
of early hearing and disposal of the appeal.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, this Court is of the opinion that it is a
fit case for suspending the sentence awarded to the accused
appellant during pendency of the instant appeal.
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, Protection of
Children from Sexual Offences Act & Child Right Protection
Commission Act, 2005 No.3, Alwar, Raj. vide judgment dated
19.07.2024 in Sessions Case No.01/2023 against the appellant-
applicant Santosh Kumar @ Shishram Son Of Shri Beerbal @
Veeru 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 07.10.2024 and whenever ordered
to do so till the disposal of the appeal on the conditions indicated
below:-
[2024:RJ-JP:36829] (3 of 3) [SOSA-1270/2024]
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 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),
he 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /92
Powered by TCPDF (www.tcpdf.org)
