Allowed

Ratan Lal v. State of Rajasthan

Rajasthan HC1 Nov 2023SOSA/707/2023

Case brief

AI extract

What is this about?

The High Court, Jaipur allowed a suspension of sentence application under Section 389 Cr.P.C. in a POCSO case where the parties had reached an amicable compromise, releasing the appellant on bail despite the serious nature of the offence.

What did the court decide?

The appellant's sentence is suspended pending the disposal of the appeal, and he is released on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ratan Lal Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:37117]

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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. 707/2023

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Ratan Lal S/o Shri Vagta, Aged About 22 Years, R/o Bhil Basti Machind Ps Khamnor Dist. Rajsamand Lodged In Dist. Jail Rajsamand

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner	: Mr. Rakesh Arora
For Respondent	: Mr. A.R. Choudhary, P.P.
For Complainant	: Mr. Piyush Choudhary

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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01/11/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 23.06.2023 passed by the learned Special Judge, POCSO Act, 2012 & Commissions of Protection of Child Rights Act, 2005 in Sessions Case No.25/2021 (CIS No.25/2021) whereby he was convicted and sentenced to suffer twenty years’ rigorous imprisonment under Section 376(3) of IPC. 2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He further submits that the parties have entered into compromise

[2023:RJ-JD:37117]

[SOSA-707/2023]

(2 of 3)

and have settled the dispute amicably. He further submits that the hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the submissions of learned counsel for the parties and more particularly the fact that the parties have entered into compromise and settled the dispute amicably and learned counsel for the complainant has no objection in this regard. Thus, looking to the totality of facts and circumstances of the case as well as the hearing of appeal is likely to take further more time and considering the overall submissions 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 accusedappellant.

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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 learned learned Special Judge, POCSO Act, 2012 & Commissions of Protection of Child Rights Act, 2005 who passed the impugned order dated 23.06.2023 in Sessions Case No.25/2021 (CIS No.25/2021) against the appellant-applicant- Ratan Lal S/o Shri Vagta 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/-

(3 of 3)

[2023:RJ-JD:37117]

[SOSA-707/2023]

with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 01.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(1) 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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(2) 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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(3) Similarly, if the sureties change their addresses, 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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133-Mamta/-

Ratan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ratan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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