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2025 DIGILAW 736 (RAJ)

Bunty @ Bhagwati Lal v. State

2025-03-12

CHANDRA PRAKASH SHRIMALI, PUSHPENDRA SINGH BHATI

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Order 1. The matter comes up on an application (IA No.01/24) preferred by the State seeking release of the appellant No.1 Bunty @ Bhagwati Lal in pursuance of the order dated 17.10.2023 passed by a Coordinate Bench of this Court. The order is reproduced hereunder:- “1. Taking note of the communication sent from the Sessions Judge, Rajsamand that the appellant No.1 has failed to mark his presence before the trial court, bailable warrant was issued against him for securing his presence before this Court today. 2. Learned Public Prosecutor has submitted a communication sent by the SHO, Police Station, Rajsamand wherein it is stated that the appellant No.1 is in judicial custody on account of his conviction by the POCSO Court vide judgment dated 02.09.2022 and at present he is lodged in Central Jail, Udaipur. 3. Keeping in view the fact that the appellant No.1 is in judicial custody in relation to some other criminal case, his presence before the trial court is exempted for 10.01.2023. However, the Superintendent, Central Jail, Udaipur is directed not to release the appellant No.1 from the judicial custody without seeking permission of this Court. 4. Let copy of this order be sent to the Superintendent, Central Jail, Udaipur as well as the trial court.” 2. Learned GA-cum-AAG submits that in the present case, appellant No.1 has already been granted bail, but when he failed to mark his presence before the learned trial court, warrant of arrest was issued against him for securing his presence before this Court. As a measure of caution, the Court directed the jail authority not to release the appellant from the judicial custody without seeking permission of this Court only on count of the pending POCSO case against him in a different set of facts. He further submits that the appellant has completed his sentence granted by the POCSO Court vide judgment dated 02.09.2022, on 17.12.2024. 2.1. Learned GA-cum-AAG submits that since the appellant has already rendered his sentence for conviction under POCSO case, he may be released from the judicial custody. 3. He further submits that the appellant has completed his sentence granted by the POCSO Court vide judgment dated 02.09.2022, on 17.12.2024. 2.1. Learned GA-cum-AAG submits that since the appellant has already rendered his sentence for conviction under POCSO case, he may be released from the judicial custody. 3. This Court finds that since the bail has already been granted to the appellant but he could not mark his presence before the learned trial court only because he was in judicial custody on account of his conviction by the POCSO Court; wherein, as per the statement of learned AAG, the appellant has completed his sentence on 17.12.2024. Thus, it is a fit case for release of the appellant on bail. 4. Accordingly, the application (IA No.01/24) is allowed and the appellant No.1 Bunty @ Bhagwati Lal be now released from judicial custody, on the same conditions of the earlier bail order dated 30.08.2017 passed by a Coordinate Bench of this Court in D.B. Suspension of Sentence (Appeal) No.829/2017.