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2021 Supreme(Raj) 937

SANDEEP MEHTA
Kishan Singh @ Kalu – Appellant
Versus
State, Through P P – Respondent


Advocates appeared:
Rajendra Charan, Advocate, B.R. Bishnoi, Advocate

JUDGMENT

Sandeep Mehta, J. - This second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellantapplicant Kishan Singh @ Kalu who has been convicted and sentenced for the offences under Section 452 IPC and Section 3/4 of the POCSO Act vide the judgment dated 12.12.2015 passed by learned Special Judge, POCSO Act Cases, Bhilwara in Sessions Case No.62/2014.

2. Heard learned counsel for the appellant-application, learned Public Prosecutor and perused the material available on record.

3. As per the arrest memo, the appellant was arrested in this case on 11.03.2014. The maximum sentence which has been awarded to the appellant by the trial court for the offence under Section 4 of the POCSO Act is ten years. The appeal has not been taken up for hearing even once and thus, there are bleak chances of the early disposal of the appeal. If the sentences awarded to the appellant are not suspended, the very purpose of filing of the appeal shall be frustrated.

4. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit case to enlarge the appellant-applicant on bail by

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