The High Court at Jodhpur, allowing an application for suspension of sentence and bail in an appeal against conviction for POCSO and rape offences, ordered the appellant to be on bail with a personal bond.
Application for suspension of sentence under Section 389 Cr.P.C. allowed; sentences suspended; appellant released on bail.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1114/2022
In
S.B. Criminal Appeal No.1857/2022
Ranjeet Bhakal S/o Moolaram Ji, Aged About 28 Years, R/o Bhakrod, , Police Thana Khinvsar, Dist. Nagaur. (Presently Lodged At Dist. Jail, Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/12/2022
Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the case as projected by the prosecutrix was not found reliable, therefore, the accused was acquitted from the charge of Sections 5 & 6 of POCSO Act and Section 376 of IPC. This outcome fortifies the contention of the accused that a false case has been foisted against him. He has strong arguable case in his favour. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the hearing of the appeal will take long time.
Learned Public Prosecutor vehemently opposed the prayer made
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by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the
appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Cases, Nagaur, vide judgment dated 10.11.2022 in Sessions Case No.85/2016 (78/2018) against the appellant-applicant Ranjeet Bhakal S/o Moolaram Ji shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 09.01.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall
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not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J
101-Anshul/-
2 issues framed by the court
Whether the sentence awarded to the appellant should be suspended pending the disposal of the appeal.
Whether the appellant should be released on bail during the suspension of sentence.
1 provisions across 1 enactments
Ranjeet Bhakal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
