Allowed

Om Prakash v. State

Rajasthan HC24 Jul 2023SOSA/237/2023

Case brief

AI extract

What is this about?

In a suspension of sentence application under Section 389 Cr.P.C., the High Court of Rajasthan allowed suspension of substantive sentence awarded in POCSO proceedings due to compromise between parties. The Court imposed bail conditions requiring deposit of 50% fine, execution of personal bond, and annual appearance before trial court.

What did the court decide?

Suspension of substantive sentences awarded in Sessions Case No. 12/2020 allowed subject to deposit of 50% fine, execution of personal bond with two sureties, and appearance before trial court annuall

Om Prakash Vs State — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:23079]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 237/2023

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Om Prakash S/o Sh. Chaturbhuj Balai, Aged About 23 Years, R/o Sangramgarh P.s. Badnor District Bhilwara. (At Present Lodged In Central Jail, Ajmer).

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----Petitioner

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Versus

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State, Through Pp

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Devkaran Balai S/o Balu Ram Balai, Aged About 44 Years, R/o Motras, Teh. Badnor, Bhilwara.

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----Respondents

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For Petitioner(s)	: Mr. Rajiv Chouhan
For Respondent(s)	: Ms. Anita Gehlot, PP
	Ms. Anjum Parveen Salawat, for respondent NO.2

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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24/07/2023

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Heard learned counsel for the appellant as well as learned Public Prosecutor and counsel for the respondent No.2. Learned counsel for the appellant submits that the appellant is behind the bars since 03.07.2020 and now the compromise has arrived between the parties and the appellant is at present he is in custody and hearing of the appeal will take sufficient long time, therefore, the sentence of the appellant may kindly be suspended. Learned Public Prosecutor vehemently opposed the prayer made by the counsel for the appellant.

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Learned counsel for the respondent NO.2 concurs the fact of compromise

[2023:RJ-JD:23079]

[SOSA-237/2023]

(2 of 3)

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, since the compromise has arrived between the parties, therefore, this court is of the opinion that it is a fit case for suspending the substantive 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 substantive sentences passed by the learned Special Judge POCSO Act Cases No.2, Bhilwara vide judgment dated 03.07.2020 in Sessions Case No.12/2020 (94/2019) against the appellantapplicant Om Prakash S/o Shri Chaturbhuj Balai, shall suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the 50% of fine amount as imposed by the learned trial Court and he will 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 24.08.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they 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(s) changes the place of residence, he/she/they will give in writing his/her/their 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.

(3 of 3)

[2023:RJ-JD:23079]

[SOSA-237/2023]

Appellant shall deposit the 50% of the fine amount as imposed by the learned trial court.

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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 accused-applicant(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 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.

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(MANOJ KUMAR GARG),J

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189-Ishan/-

Om Prakash v. State

Case brief

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Om Prakash v. State

Case brief

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