Heera Lal vs State

Applicant has preferred this second application for suspension of sentence awarded by learned trial Court. The learned trial Court convicted the applicant for offence punishable under Sections 363, 366 & 376 IPC read with Section 5/6 of the POCSO Act and awarded sentence of different denominations for each offence. For offence under Section 363 IPC, substantive sentence of three years' imprisonment with fine of Rs.1,000/- was passed, whereas for offence under Section 366 IPC five years' sentence with fine of Rs.1,000/- was imposed on the applicant. As regards offence under Section 5/6 of the POCSO Act, the applicant is sentenced to ten years' imprisonment with fine of Rs.10,000/-.

Pressing this second application for suspension of sentence, it is argued by learned counsel Mr. Jain that out of maximum substantive sentence of ten years imprisonment, petitioner-applicant has already undergone sentence of nearly five years and final hearing of the appeal in near future is not possible. He has, therefore, urged that considering the prolonged custody of the applicant, he may be allowed benefit of suspension of sentence. Learned counsel has further submitted that even on merits, the medical opinion about ravishing the prosecutrix by the applicant is not clear, inasmuch as, the doctor during trial has deposed that no conclusive opinion about rape can be given.

Per contra, learned Public Prosecutor has vehemently opposed this second application for suspension of sentence.

Having regard to the facts and circumstances of the case by relying on prolonged custody of the applicant, I feel persuaded to accept this second application for suspension of sentence.

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, POCSO Act Cases (Addl. Sessions Judge), Rajsamand vide judgment dated 04.07.2017 in Sessions Case No.02/2017 against the appellant-applicant, Heera Lal S/o Devi Lal, 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 23.09.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

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 cancellation of bail.