Allowed

Dr Chirag v. Parmar v State of Rajasthan

Rajasthan HC8 Aug 2023SOSA/763/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, in a suspension of sentence appeal, allowed the application under Section 389 Cr.P.C. for Dr. Chirag V Parmar, convicted against Sections 313 IPC, 201 IPC and POCSO, ordering release on bail pending appeal due to anticipated delay in hearing, subject to bond and specific conditions.

What did the court decide?

Sentence suspended till final disposal of appeal; appellant released on bail with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Dr Chirag v Parmar Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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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. 763/2023

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Dr. Chirag V Parmar S/o Vas Ram, Aged About 30 Years, Khemana, Post Malana, P.S. West Palanpur, Dist. Banaskantha (Gujrat). (Lodged In Central Jail, Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Mangi Lal S/o Sh. Jagga Ji, B/c Meghwal R/o Vill. Khathkara, P.S. Gudaaindala Dist. Pali (Raj.).

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----Respondents

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For Petitioner(s) : Mr. K.L. Chouhan For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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08/08/2023

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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 06.07.2023 passed by learned Special Judge, POCSO Act Cases, No.1, District Pali in Sessions Case No.65/2021 whereby the appellant was convicted and sentenced as under:

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Name of the Appellant	Offence for which convicted	Sentence and fine
Dr. Chirag V. Parmar	Section 313 of IPC	Five Years rigorous imprisonment and a fine of Rs.10,000/-
	Section 201 of IPC	Two years rigorous imprisonment and a fine of Rs.2,000/-
	Section 19/21 of POCSO Act	Three months rigorous imprisonment and a fine of Rs.500/-

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[SOSA-763/2023]

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(2 of 3)

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Learned counsel for the petitioner submits that the prosecution witness No.1 ‘K’ and witness No.5, the victim and witness No.8 ‘ML’ have not supported the story of the prosecution as far as the evidence concerned with regard to the appellant Dr. Chirag. The bail application of the coaccused Mangi Lal bearing No.S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.871/2023 has also been granted by this Court vide order dated 04.08.2023. It is also contended 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. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

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Per contra, learned Public Prosecutor has vehemently opposes the prayer made by learned counsel for the accused-applicant for releasing the appellant on application for suspension of sentence.

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

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Upon consideration of the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts that 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

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[SOSA-763/2023]

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(3 of 3)

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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 learned Special Judge, POCSO Act Cases, No.1, District Pali in Sessions Case No.65/2021 against the appellants-applicant- Dr. Chirag V Parmar S/o Vas Ram 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 08.09.2023 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 change the place of residence, he will give in writing his changed addresses 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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(FARJAND ALI),J

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295-Ashutosh/-

Dr Chirag v. Parmar v State of Rajasthan

Case brief

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Dr Chirag v. Parmar v State of Rajasthan

Case brief

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