Allowed

Deepak Jogi @ Chandu S/O Shri Ramprasad Jogi @ Jagdish v. State of Rajasthan

Rajasthan HC9 Jan 2023SOSA/42/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence under CrPC Sec. 389. The court held it was a fit case for suspension pending the disposal of the appeal, ordering release on bail with specific conditions.

What did the court decide?

Sentence suspended till final disposal of appeal; release on bail in sum of Rs.50,000/- with two sureties of Rs.25,000/- each.

Deepak Jogi @ Chandu S/O Shri Ramprasad Jogi… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Misc. Bail (Suspension of Sentence) Application No.42/2023

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S.B. Criminal Appeal No. 42/2023

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Deepak Jogi @ Chandu S/o Shri Ramprasad Jogi @ Jagdish, Aged About 20 Years, Resident Of Survey No. 7 Baba Ramdev Nagar, Gurjar Ki Thadi, Mahesh Nagar, Jaipur (Rajasthan)

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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

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For Appellant(s)	: Mr. Jai Kishan Yogi
For Respondent(s)	: Mr. S.S.Mehla,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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09/01/2023

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Heard learned counsel for the accused-appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 23.12.2022 passed by Special Judge, POCSO Act, 2012, No.2, Jaipur Metro-First Cases In Sessions Case NO.3/2022 whereby the accused-appellant has been convicted for the offence punishable under sections 7/8 POCSO Act,2012 and has been sentenced with maximum of three years rigorous imprisonment along with fine of Rs. 10,000/-, under Section 354 IPC and has been sentenced with maximum of two years rigorous imprisonment along with fine of Rs. 5,000/- as well as under Section 354(d) IPC has been sentenced with

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(2 of 3) [SOSA42/2023]

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maximum of six month rigorous imprisonment along with fine of Rs. 5,00/-

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Learned counsel for the accused-appellants submits that the trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellants that a false case has been foisted against them. Learned counsel further submits that the sentence has already been suspended by the learned trial court by exercising power under Section 389(3) of Cr.P.C. The accused appellant was on bail during trial and they have not misused the liberty granted in their favour. Hearing of the appeal would likely to take long time. They are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may be granted and the sentence awarded may be suspended.

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Learned Public Prosecotor has vehemently opposed the prayer made by learned counsel for the accused-appellant.

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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 the learned Special Judge, POCSO Act Cases, 23.12.2022 passed by Special Judge, POCSO Act, 2012, No.2, Jaipur Metro-First Cases In Sessions Case NO.3/2022 against the

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(3 of 3) [SOSA42/2023]

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appellant-applicant-Deepak Jogi @ Chandu 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 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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(FARJAND ALI),J

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Anu/97

Deepak Jogi @ Chandu S/O Shri Ramprasad Jogi @ Jagdish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Jogi @ Chandu S/O Shri Ramprasad Jogi @ Jagdish v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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