Rajasthan High Court
Vishvendra Singh @ Pushpendra Singh S/O ... vs State Of Rajasthan (2024:Rj-Jp:36899) on 3 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:36899]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 417/2023
In S.B. Criminal Appeal No.385/2023
Vishvendra Singh @ Pushpendra Singh S/o Shri Gordhan, Aged
About 21 Years, R/o Village Santnagar Police Station Bayana,
District Bharatpur (Rajasthan) (Accused Presently Confined At
Central Jail Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Mohit Balwada
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
03/09/2024
1. Heard learned counsel for the applicant-appellant and
learned State counsel on the application for suspension of
execution of sentence.
2. The applicant-appellant herein has been convicted for the
offences punishable under Section 363 of IPC and Section 9M/10
of Protection of Children from Sexual Offence Act vide judgment
dated 15.11.2022 passed by learned Special Judge, Protection of
Children from Sexual Offences Act, 2012 and the Commission for
Protection of Child Rights Act, 2005, No.1, Bharatpur (Raj.) in
Sessions Case No.79/2020 (80/2020) and has been sentenced to
maximum punishment of seven years.
[2024:RJ-JP:36899] (2 of 4) [SOSA-417/2023]
3. Learned counsel for the appellant-applicant submits that
appellant-applicant has wrongly been convicted by the learned
trial Court. Counsel submits that learned trial Court has failed to
appreciate the evidence available on record in correct perspective.
Counsel submits that maximum sentence imposed by the learned
trial Court is seven years and according to the custody certificate
appellant-applicant has served incarceration of more than four
years. Counsel submits that there is no immediate prospect of
being heard and disposal of this appeal in near future.
4. Learned State counsel opposes the submissions made by
counsel for the appellant but fairly conceded that appellant has
served more than four years of sentence out of seven years. He
Submits that despite information, no one has put in appearance
on behalf of victim/complainant.
5. It also appears from the record that there is no previous
conviction of the appellant-applicant in any other case.
6. Upon a consideration of the arguments advanced on behalf
of the appellant as well as learned State Counsel and having
regard to the facts and circumstances as available on the record,
especially the fact that appellant-applicant has served more than
four years of sentence out of seven years, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the applicant-appellant during pendency of the instant appeal.
7. At this stage, learned counsel for the appellant-applicant
submits that he is appearing for the appellant in this case under
pro bono scheme and no family member of the appellant in his
contact.
[2024:RJ-JP:36899] (3 of 4) [SOSA-417/2023]
8. 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, 2012 and the Commission for
Protection of Child Rights Act, 2005, No.1, Bharatpur (Raj.) vide
judgment dated 15.11.2022 in Sessions Case No.79/2020
(80/2020) against the appellant-applicant Vishvendra Singh @
Pushpendra Singh S/o Shri Gordhan shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
on bail, provided he execute a personal bond in the sum of
Rs.50,000/- to the satisfaction of the learned trial Judge for his
appearance in this court on 08.10.2024 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 applicant 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.
9. 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
[2024:RJ-JP:36899] (4 of 4) [SOSA-417/2023]
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
LALIT MOHAN /48
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