Advocates:
['KALYAN RAM BISHNOI', '', 'RAJIV BISHNOI', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc 4^th Suspension Of Sentence Application

(Appeal) No. 404/2021

Narna Ram S/o Shri Sona Ram, Aged About 40 Years, B/c

Harijan, R/o Mehwalon Ka Tala, Mangta, P.s. Dhorimanna,

District Barmer. (Presently Lodged In Central Jail, Jodhpur)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rajeev Bishnoi

For Respondent(s)

:

Mr. Anil Joshi, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

29/07/2021

The instant fourth application for suspension of

sentences under Section 389 CrPC has been preferred on behalf of

the appellant-applicant Narna Ram S/o Sona Ram, who has been

convicted and sentenced for the offences under Sections 363, 366,

376 IPC and Section 3/4 of the POCSO Act vide the judgment

dated 23.02.2017 passed by the learned Sessions Judge, Jalore in

Sessions Case No.12/2016.

Learned Public Prosecutor has chosen not to file reply

to the application for suspension of sentence and proposed to

argue the matter orally.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant-applicant points out

the appellant is in custody since 16.10.2015 and thus, he has

(2 of 3)

[SOSA-404/2021]

suffered actual imprisonment of 5 years and 9 months as on the

date out the of maximum sentence of 7 years awarded for the

offences under Sections 376 IPC and Section 3/4 of the POCSO

Act. He urges that there is no possibility of early hearing of the

appeal and thus, the appellant deserves indulgence of bail.

Learned Public Prosecutor opposed the submissions

advanced by the appellant’s counsel. However, he too is not in a

position to dispute the fact that the applicant has suffered

incarceration in excess of 5 years and 10 months with no

possibility of early decision of the appeal.

In this background and having regard to the entirety of

the facts and circumstances of the case, this court is of the view

that it is a fit case for grant of indulgence of bail to the appellant-

applicant by suspending the sentences awarded to him by the trial

court during the pendency of the appeal.

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 Sessions Judge, Jalore vide

judgment dated 23.02.2017 in Sessions Case No.12/2016 against

the appellant-applicant Narna Ram S/o Sona 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 31.08.2021 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.

(3 of 3)

[SOSA-404/2021]

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.

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 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 cance