Allowed

Mosam S/O Shri Dal Khan v. State of Rajasthan

Rajasthan HC11 Jan 2023SOSA/75/2023

Case brief

AI extract

What is this about?

This Court allowed the application for second suspension of sentence under Section 389 Cr.P.C. The appellant, convicted for rape, was directed to release on bail pending disposal of his appeal, subject to execution of a personal bond and appearance conditions.

What did the court decide?

Sentence remained suspended till final disposal of the appeal; appellant released on bail conditioned to execute personal bond and appear yearly at trial court.

Mosam S/O Shri Dal Khan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Misc. 2^nd Suspension of Sentence Application No. 75/2023

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S.B. Criminal Appeal No. 785/2019

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Mosam S/o Dal Khan B/c Mev, R/o Vill. Khanpur Mewan Ps Kishangarhbas Dist. Alwar Raj. (Presently Confined At Central Jail Alwar)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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	----Respondent
For Appellant(s)	: Mr. VijayPal Yadav
For Respondent(s)	: Mr. Mangal Singh Saini,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/01/2023

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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 05.04.2019 passed by Learned Special Judge, POCSO Act, 2012 and Children Rights Protection Act No.4, Alwar in Sessions Case No.68/2018 whereby the accused-appellant has been convicted for the offence punishable under section 376 IPC and has been sentenced with maximum of ten years rigorous imprisonment along with fine of Rs. 25,000/-.

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Learned counsel for the accused-appellant submits that the appellant was made to face the rigor of dishonest prosecution which would be evident from the conclusion of the some part of

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(2 of 4) [SOSA75/2003]

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the judgment impugned in which in para no.43, learned trial court, after making thread-bare discussion of the material, has observed that the age of the victim was wrongly projected by the prosecution and learned trial court held her to be 19 years old. It is vehemently argued that the story as narrated by the prosecutrix regarding subjecting her to rape is not believable at all as there are several defects and discrepancies which go to the root of the case and make it abundantly clearly that she hasn’t told the truth before the court. It is further argued that the appellant is sentenced to suffer 10 years imprisonment out of which till date, he has suffered 7 years 6 months. He 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.

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Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-appellant for releasing the appellant on bail, but does not dispute the fact that the appellant has served seven years and six months of his sentence in jail up till now.

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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 second suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is

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(3 of 4) [SOSA75/2003]

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ordered that the sentence passed Learned Special Judge, POCSO Act, 2012 and Children Rights Protection Act No.4, Alwar in Sessions Case No.68/2018 vide judgment dated 05.04.2019 against the appellant-applicant-Mosam S/o Dal Khan 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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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

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(4 of 4)

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[SOSA75/2003]

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learned trial Judge shall report the matter to the High Court for

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cancellation of bail.

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(FARJAND ALI),J

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Anu/40/

Mosam S/O Shri Dal Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mosam S/O Shri Dal Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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