[2025:RJ-JP:14949] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 552/2025 in S.B. Criminal Appeal No. 646/2021 Govinda S/o Kalasingh, R/o Danganhedi, Thana Tapukara District Alwar (Raj) (At Present Confined In Central Jail Alwar Rajasthan ) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anuj Kaushik, Advocate Mr. Vivek Gaur, Advocate For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/04/2025 1. Instant third application for suspension of sentence is preferred by appellant-accused Govinda, aggrieved from order of conviction and sentence dated 05.02.2021 in Sessions Case No. 60/2018 passed by learned Special Judge (POCSO Act Cases) No.4, Alwar, whereby the appellant was convicted under Sections 363, 366-A IPC and 5(L)/6 POCSO Act. The maximum punishment under Section 376 of IPC and Section 5(L)/6 of POCSO Act awarded was ten years with a fine of ₹25,000/-. 2. First application for suspension of sentence was dismissed by this Court on 31.01.2023, whereas second application for suspension of sentence was dismissed on 31.05.2024. Now, third application for suspension of sentence is preferred by appellant- accused. [2025:RJ-JP:14949] (2 of 4) [SOSA-552/2025] 3. Learned counsel for appellant while referring the judgment in case of Atul @ Ashutosh Vs. State of Madhya Pradesh (Criminal Appeal No. 579 of 2024 order dated 02.02.2024) has submitted that the appellant-accused has already undergone more than 5 years of sentence which is 50% of the maximum punishment awarded to appellant, therefore, he is entitled to be released on bail. He also submits that in near future there is no likelihood that the appeal be considered on merits. At last, he submitted that appellant has a strong case to succeed in the appeal and in case, if appellant is not released then his chances to succeed in appeal may be vanished. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted the custody certificate along with report received from concerned police station. 5. Heard learned counsel for appellant-accused and Public Prosecutor. 6. On the basis of a written complaint submitted by PW-2 mother of victim, F.I.R. No. 65/2018 under Sections 363 and 366- A IPC and 7/8 POCSO Act was registered at P.S. Tapukara, District Alwar. After investigation, police has filed a charge-sheet under Sections 363, 366-A, 376 IPC and 3/4 POCSO Act against the appellant-accused. 7. During trial victim was examined as PW-1 and learned Special Judge, POCSO Act Cases, No.4, Alwar has convicted present appellant-accused under Sections 363, 366-A, 376 IPC and 5(L)/6 POCSO Act. The maximum sentence awarded to appellant is 10 years under Section 5(L)/6 POCSO Act. On basis of deposition of PW-4 Sonam, School Principal who exhibited Exs. P.8 [2025:RJ-JP:14949] (3 of 4) [SOSA-552/2025] and P.9, the date of birth of victim was determined as 02.03.2002 and age of victim was between 16-18 years. As per custody certificate, the appellant has undergone more than 5 years 6 months and 14 days whereas maximum sentence awarded to appellant is 10 years, thus, the appellant has undergone more than 55% of total sentence. 8. As per police record, four other cases were registered against the appellant and according to learned counsel for appellant in some of them the appellant has already been acquitted. 9. Having considered the judgment of Hon’ble Supreme Court in case of Atul @ Ashutosh Vs. State of Madhya Pradesh (supra) and also the period of incarceration, it is appropriate to allow instant third application for suspension of sentence only on the ground of period of incarceration. 10. In view of discussion made hereinabove, the third suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Govinda S/o Kalasingh is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 16.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not contact or connect directly or indirectly with victim or any of her family member. [2025:RJ-JP:14949] (4 of 4) [SOSA-552/2025] 2. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 3. That the appellant accused shall mark his attendance once in a month (on first Monday of the month) at concerned Police Station and the Station House Officer of the Police Station shall forward the attendance certificate to the Trial Court. 4. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 5. That if the appellant 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. 6. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 10. In case, the appellant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MONU /30