[2025:RJ-JP:43303] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 4th Suspension Of Sentence Application (Appeal) No. 1943/2025 In S.B. Criminal Appeal No.1638/2021 Kanti Lal S/o Shri Chatarsigh, Aged About 43 Years, R/o Village Bajeda, Police Station Namli, District Ratlam (M.p.) (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) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/10/2025 1. Instant 4th SOS application is preferred by the applicant accused Kanti Lal S/o Shri Chatarsigh in pending appeal arising out of judgment of conviction and sentence dated 07.08.2021 in Sessions Case No. 224/2018 passed by learned Special Judge, POCSO Act cases No.4, Kota. 2. First SOS application preferred by Kanti Lal was dismissed by this Court on 18.04.2023, whereas second was dismissed as withdrawn on 26.02.2024. Third SOS application was dismissed on 20.02.2025. This Court has granted SOS to Devi Singh on 13.01.2025 when he preferred third SOS application. 3. Learned counsel for applicant submits that the maximum sentence awarded to present applicant is 14 years and till date, he has undergone more than 8 years, 2 months and 7 days against the awarded sentence. He also submits that there is no likelihood of taking up the appeal for consideration by this Hon’ble Court as [2025:RJ-JP:43303] (2 of 3) [SOSA-1943/2025] the petitioner had already served substantive part of the sentence. He also submits that the age of victim is more than 17 years on date of incident, on basis of admitted date of birth of 12.12.1997. 4. Aforesaid contentions were opposed by learned Public Prosecutor and she submitted custody certificate along with intimation to complainant. 5. In Suo Moto Writ Petition (Criminal) No. 4/2021 in Re- policy Strategy for Grant of Bail on 08.05.2025, Hon’ble Supreme Court while considering judgments in case of Bhagwan Ram Shinde Gosai Vs. State of Gujarat (1999) 4 SCC 421, NCB Vs. Lakwinder Singh 2025 SCC Online SC 366 and Atul @ Ashutosh Vs. State of U.P. 2024 (3) SCC 663 has focused upon pro-active consideration of bail and SOS applications, where prisoners are in custody due to long detention or facing period of custody for fixed term sentence awarded to them. It was held that the approach of the Court must be liberal in cases, where a fixed term sentence is awarded. Herein, this case the appellant has served substantial part of sentence and the matter requires consideration. 6. The applicant has already served more than 8 years, 2 months and 7 days against maximum awarded sentence of 14 years. The appeal has not been considered despite pending before this Court since 2021. 7. Having taking note of the circumstances and the period of custody, it is appropriate to allow SOS application in parity with Devi Singh. 8. Considering the period of incarceration, we have no option except to consider application for suspension of sentence, [2025:RJ-JP:43303] (3 of 3) [SOSA-1943/2025] 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- Kanti Lal S/o Shri Chatarsigh is suspended till disposal of appeal with the condition that he would executes 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 15.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of applicant 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. 9. Misc. Application stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /02