The High Court allowed the appellant's application for suspension of sentence under CrPC Section 389, granting interim bail pending the disposal of the criminal appeal against conviction and sentencing.
Sentence suspended; release on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence No.279/2021
in S.B. Criminal Appeal (Sb) No. 449/2021
Raju @ Rajendra Son Of Shri Gopal Lal, Aged About 33 Years, Resident Of Ward No. 20, Mangrol, Police Station Mangrol, District Baran (Raj.) (At Present Confined In District Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 15.02.2021 passed by Special Judge, POCSO Act Cases, No.3, Kota in Sessions Case No.41/2018 (CIS No.425/2018) whereby the accused-appellant has been convicted for the offence punishable under Section 376(2)(i)(n) IPC and Section 5(l)/6 of POCSO Act, 2012 and has been sentenced with maximum of fourteen years rigorous imprisonment along with fine of Rs. 25,000/-.
Learned counsel for the accused-appellant submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellant that as per the submissions, the prosecutrix while examined under
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[SOSA-279/2021]
Section 164 Cr.P.C., during the course of the investigation, has not levelled any allegation against the appellant. Even there is no whisper regarding his involvement in commission of the crime but when she was examined in trial as PW-3. She has made material improvement and levelled allegation of rape against the appellant Raju also along with the co-accused, Dayaram. In this view of the matter, learned counsel for the appellant submits that the material improvement made by her makes her an unreliable witness. There is serious discrepancy in the story of the prosecution. The accused-appellant was on bail during the entire course of the trial but the liberty was never misused. Therefore, the application for suspension of sentence may be granted.
Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant for releasing the appellant on bail.
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.
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 the learned Special Judge, POCSO Act Cases, No.3, Kota vide judgment dated 15.02.2021 in Sessions Case No.41/2018 against the appellant-applicant- Raju @ Rajendra Son Of Shri Gopal Lal shall remain suspended till final disposal
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[SOSA-279/2021]
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 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 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.
(FARJAND ALI),J
SAHIL SONI /65
1 issue framed by the court
Whether the High Court is satisfied that the accused-appellant has been duly convicted and that there are sufficient reasons to grant suspension of sentence pending appeal.
1 provisions across 1 enactments
Raju @ Rajendra Son Of Shri Gopal Lal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
