Vinod Kumar Bharwani, J
Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the
material available on record.
The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 13.01.2021 passed by learned Special Judge, POCSO
Act Cases in Sessions Case No.44/2019 (CIS No.44/2019) by which, the applicant-appellant was convicted and sentenced for the offences under
Sections 363, 354A(1) (I), 354 r.w. Section 9 and 10 of the POCSO Act.
It is contended by the counsel for the applicant-appellant that appellant that he is in custody last more than two and half years. Learned counsel
further submits that appellant was on bail during trial and disposal of the appeal will consume time, therefore, sentences awarded to the him may be
suspended during pendency of the appeal.
Learned Public Prosecutor has opposed the application for suspension of sentence.
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that applicant-appellant is in custody for last more than two and half years,
the grounds raised by learned counsel for applicant-appellant for suspending the sentences are arguable and disposal of appeal will consume time,
therefore, this Court deems it fit and proper to allow the application for suspension of sentences filed by the applicant-appellant.
Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the
learned Special Judge, POCSO Act Casesm Balotra vide order dated 13.01.2021 in Sessions Case No.44/2019 (CIS No.44/2021) against the
applicant-appellant Jai Ram S/o Sh. Rau Ram 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 02.03.2022 and whenever ordered to do so, till the disposal of the revision 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 revision 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.
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-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for
cancellation of bail.
