Allowed

Bhupendra @ Bhupi S/O Bullu Ram v. State of Rajasthan

Rajasthan HC1 Jun 2023SOSA/765/2023

Case brief

AI extract

What is this about?

In this S.B. Criminal Misc. Suspension of Sentence Application, the High Court of Rajasthan, Jaipur Bench allowed the application of an appellant convicted for abduction and kidnapping. The court permitted the suspension of sentence subject to the execution of a personal bond with two sureties and appearance before the trial court annually.

What did the court decide?

Application for suspension of sentence allowed on execution of personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to appeal against conviction.

Bhupendra @ Bhupi S/O Bullu Ram Vs State… — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application No. 765/2023

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S.B. Criminal Appeal No. 1139/2023

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Bhupendra @ Bhupi S/o Billu Ram, R/o Khaleta, Thana Khol District Rewari Haryana (At Present Confined In Central Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr.	Gajender Singh Rathore
For Respondent(s)	: Mr.	B.L. Nasuna, Dy.GA.
	Mr.	PradeepKumar Sharma

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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01/06/2023

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Present application for suspension of sentence is filed by appellant in pending appeal aggrieved from the order of conviction and sentence dated 02.05.2023 passed by learned Special Judge (POCSO Act cases), No.3, Alwar in sessions case no. 16/2022 whereby appellant accused was convicted under Sections 363, 366-A of IPC and further sentenced to undergo rigorous imprisonment of two years, four years with fine respectively.

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Learned counsel for appellant submitted that despite material contradictions in the statements of witnesses and noncorroboration in letter and spirit by the prosecution witnesses, learned trial court has arrived at a conclusion of conviction which

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[SOSA-765/2023]

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(2 of 3)

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is erroneous in the eye of law. He further submitted that the statement of victim along with other witnesses pointed out that no cogent evidence was produced on date of birth of victim and also the alleged crime. He further submitted that appellant remained on bail during trial and he never misused the liberty. The disposal of appeal will take its own time and keeping appellant behind bars will not serve any purpose.

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Aforesaid contentions were opposed by learned public prosecutor and learned counsel for respondent/complainant. Learned Public Prosecutor also submitted custody certificate and same is taken on record.

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Present appellant was convicted under Sections 363, 366-A of IPC and the allegation on present appellant is assisting the main accused Mohit @ Cherry and maximum punishment awarded to present appellant is rigorous imprisonment of four years under Section 366-A of IPC. Learned counsel for the appellant has pointed out several discrepancies in the deposition of prosecution witnesses but same can only be considered when matter would be considered on merits. The custody certificate further indicated that during trial appellant remained in custody for 179 days before being released from custody, but after sentence, he was taken in custody and sent to serve the sentence. Therefore, without expressing any opinion on the merits of the case, looking to each and every circumstances of the case, I am of the considered view that the application for suspension of sentence of appellant - Bhupendra @ Bhupi S/o Billu Ram is allowed provided that he would execute a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/each to the satisfaction of the learned trial Judge for his appearance in

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(3 of 3)

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[SOSA-765/2023]

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this court on 11.12.2023 and whenever ordered to do so till the disposal

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of the appeal on the conditions indicated below:-

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That he/she/they 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(s) changes the place of residence, he/she/they will give in writing his/her/their 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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Misc. application stands disposed of.

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(ASHOK KUMAR JAIN),J

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CHETNA BEHRANI /27

Bhupendra @ Bhupi S/O Bullu Ram v. State of Rajasthan

Case brief

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Bhupendra @ Bhupi S/O Bullu Ram v. State of Rajasthan

Case brief

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