[2025:RJ-JP:1890] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 2200/2024 in S.B. Criminal Appeal No. 1638/2021 Devi Singh S/o Shri Chatar Singh, Aged About 31 Years, R/o Village Bajeda, Police Station Namli, District Ratlam (Mp) (At Present Confined In Central Jail, Kota ) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/01/2025 1. Instant third application for suspension of sentence is preferred by appellant-accused Devi Singh from judgment of conviction dated 07.08.2021 in sessions case No. 224/2018 passed by learned Special Judge, POCSO Act Cases No.4, Kota wherein the appellant-accused Devi Singh was convicted under Sections 363, 366, 344, 376(2)(n) IPC and 5(m)/6 of POCSO Act. The maximum punishment awarded to present appellant-accused is 14 years. 2. Learned counsel for appellant-applicant submits that petitioner is in custody since 12.02.2016 and out of total awarded sentence he has already served more than 10 years after considering the period of remission. He also submits that there is [2025:RJ-JP:1890] (2 of 3) [SOSA-2200/2024] no likelihood that the appeal of the appellant be considered on merits, therefore, he is entitled to be released on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted that complainant was informed about filing of present appeal. 4. First application for suspension of sentence was dismissed by this Court on 18.04.2023, whereas second application for suspension of sentence was dismissed on 12.03.2024 by this Court. A perusal of order dated 18.04.2023 indicate that we have considered the grounds as raised on merits particularly the evidence on record. Herein, the age of victim was between 16-18 years but at the time of recovery, she was carrying a pregnancy of 7± one week. After considering the second application for suspension of sentence on 12.03.2024, again we have considered the period of incarceration and after considering the fact that the petitioner has already served sentence of more than 8 years and 7 months on 10.03.2024 and dismissed the application for suspension of sentence. 5. Now, after 9 months, third application for suspension of sentence is preferred. The total period is more than 9 years and 4 months whereas maximum sentence awarded is 14 years. The appeal has not been listed for hearing after 25.10.2021. 6. Considering the period of incarceration, we have no option except to consider application for suspension of sentence, therefore, without expressing any opinion on the merits of the case, it is appropriate to allow instant applicant for suspension of sentence. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Devi Singh S/o Shri [2025:RJ-JP:1890] (3 of 3) [SOSA-2200/2024] Chatar Singh 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 28.04.2025 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 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 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. 7. Misc. Application stands disposed of. (ASHOK KUMAR JAIN),J MONU /03 (SOSA)