Allowed

Balram @ Ravishankar S/O Shri Suresh Kumar v. State of Rajasthan

Rajasthan HC4 Jan 2023SOSA/104/2022

Case brief

AI extract

What is this about?

This order allows a suspension of sentence application filed by an appellant convicted under the POCSO Act. The High Court, without commenting on defect merits, deemed it a fit case to suspend the sentence and released the appellant on bail pending the appeal disposal.

What did the court decide?

Sentence suspended pending disposal of appeal; bail granted with personal bond of Rs.50,000/- and two sureties.

Balram @ Ravishankar S/O Shri Suresh Kumar… — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Misc.Suspension of Sentence Application

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No.104/2022

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S.B. Criminal Appeal No. 148/2022

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Balram @ Ravishankar S/o Shri Suresh Kumar, Aged About 22 Years, Resident Of Rajpurvas Tala, P.s. Chandwaji, District Jaipur (At Present Confined In Central Jail, Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p

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	----Respondent
For Appellant(s)	: Mr. Balram Vashisth with Mr. Mukesh Kumar
For Respondent(s)	: Mr. Rajender Yadav,AAG

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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04/01/2023

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Heard learned counsel for the accused-appellant and learned Additional Advocate General on the application for suspension of sentence and perused the judgment impugned dated 6.1.2022 passed by Special Judge, POCSO Act 2012District Jaipur in Sessions Case No.24/2020 whereby the accused-appellant has been convicted for the offence punishable under sections 3/4(2) POCSO Act,2012 and has been sentenced with maximum of twenty years rigorous imprisonment along with fine of Rs. 2,00,000/-.

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Learned counsel for the accused-appellant submits that the prosecutrix and her parents have not supported the case rather they have turned hostile. Learned trial court,on the basis of false

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(2 of 3) [SOSA104/2022]

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assumption that they had been won over by the defence, convicted the accused appellant on the basis of scientific expert report. Learned counsel further submits that neither the report is a sacrosanct piece of evidence nor the possibility of defect and error for collecting the samples be ruled out. The trial would take long time to conclude. Therefore, the application for suspension of sentence may be granted.

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Learned Additional Advocate General vehemently opposes the prayer made by learned counsel for the accused-appellant for releasing the appellant on bail.

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Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by Special Judge, POCSO Act 2012District Jaipur in Sessions Case No.24/2020 vide judgment dated 6.1.2022 in against the appellant-applicant- Balram @ Ravishankar S/o Shri Suresh Kumar 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.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 13.02.2023 and

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(3 of 3)

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[SOSA104/2022]

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whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(FARJAND ALI),J

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Anu /21

Balram @ Ravishankar S/O Shri Suresh Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balram @ Ravishankar S/O Shri Suresh Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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