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2025 DAILYLAW 27748 (RAJ)

VINOD S/O MOHANLAL v. STATE OF RAJASTHAN

SOSA/1612/2025 · 2025-09-11

Ashok Kumar Jain

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:36984] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 4th Suspension Of Sentence Application No. 1612/2025 in S.B. Criminal Appeal No. 2130/2023 Vinod S/o Mohanlal, Aged About 37 Years, R/o Behind Indraprasth Colony, Ramganjmandi, Police Station Ramganjmandi, District Kota Rajasthan (Presently Confined In Central Jail Kota District Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi Mr. Ayush Bamboriya For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/09/2025 1. This fourth application for suspension of sentence is preferred by appellant - Vinod S/o Mohanlal, in pending appeal filed aggrieved from order of conviction and sentence dated 13.07.2023 in Sessions Case No. 68/2022 passed by learned Special Judge, POCSO Act cases no.4, Kota whereby appellant was convicted for offence under Sections 354-C, 354-D of IPC and section 11(i)/12, 11(iv)/12 of POCSO Act and sentenced accordingly. 2. Instant fourth bail application is preferred by appellant accused Vinod only on ground of period of custody. [2025:RJ-JP:36984] (2 of 3) [SOSA-1612/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate indicating that till date petitioner has undergone more than 2 years four months and fourteen days out of awarded sentence of three years. 4. First SOS application was dismissed by this Court on 09.10.2023 whereas second SOS application was dismissed on 26.02.2024 and third was dismissed as withdrawn on 19.02.2025 and now this is fourth SOS application. The maximum sentence awarded to present petitioner is three years. There are fourteen cases registered against the petitioner accused and out of which 11 cases were disposed of and only three cases are pending. 5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 6. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail, on ground of period of custody.s 7. Therefore, without expressing any opinion on merits, the application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Vinod S/o Mohanlal is suspended till disposal of appeal with the condition that he would 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 25.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found [2025:RJ-JP:36984] (3 of 3) [SOSA-1612/2025] that he is involved in any criminal activity, the order shall be recalled. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) 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. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /5(sosa)