High Court allowed suspension of substantive life sentence awarded for IPC 376-D pending final disposal of appeal. Applicant to execute bond and appear periodically until appeal decided.
Substantive sentence suspended till final disposal of appeal; personal bond of Rs.50,000 with two sureties of Rs.25,000 each executed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:38158-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 781/2023
Pramod Kumar S/o Raghuveer Singh Jat, Aged About 33 Years, R/o Roop Pura (Chuna Ka Baas), Tehsil Surajgarh, District Jhunjhunu (Raj.)
(At present lodged in District Jail, Churu)
----Applicant
Versus
----Respondent
| For Applicant | : Mr. Devendra Mehlana |
|---|---|
| For Respondent No.1 | : Mr. B.R. Bishnoi, Public Prosecutor |
| For Respondent No.2 | : Mr. Rakesh Matoria |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/11/2023
This suspension of sentence application has been preferred on behalf of the applicant-appellant, who has been convicted and sentenced by the Special Judge, POCSO Act Cases, Churu in Sessions Case No.60/20148 (22/2016) vide judgment dated 30.05.2019 The applicant-applicant has been sentenced as under :-
| Offences | Sentence | Fine | Sentence (in default |
|---|---|---|---|
| U/S | (In Rs.) | of payment of fine) | |
| 376-D IPC | Life | 1,00,000/- | 1 Year’s Additional |
| Imprisonment | Imprisonment |
[2023:RJ-JD:38158-DB]
[SOSA-781/2023]
(2 of 4)
Learned counsel for the applicant-appellant has submitted that the allegation of sexual assault was levelled against the applicant-appellant as well as against one juvenile, however, as the victim and her family members have not supported the prosecution story and turned hostile, the Juvenile Court has acquitted the accused juvenile. Learned counsel for the applicantappellant has also submitted that from the above fact, it is clear that that applicant-appellant has falsely been implicated in this case. It is further submitted that the applicant-appellant is in custody since more than 9 years and there is no chance that the appeal filed by him will be decided in near future.
Learned Public Prosecutor appearing for respondent No.1 as well as learned counsel appearing for respondent No.2 have opposed the prayer of the applicant-appellant for suspending his sentence.
Learned Public Prosecutor has argued that the earlier suspension of sentence application of the applicant-appellant was dismissed by this Court on 06.11.2019 as not pressed and after that there is no change in the circumstances, however, admitted that as the victim and her parents have not supported the prosecution story and turned hostile, the accused-juvenile has been acquitted by the Juvenile Court.
Heard learned counsel for the parties on suspension of sentence application.
Having considered the totality of facts and circumstances of the case and taking into consideration the custody period of the
(3 of 4) [SOSA-781/2023]
[2023:RJ-JD:38158-DB]
applicant-appellant, we consider it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.
Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the Special Judge, POCSO Act Cases, Churu vide judgment dated 30.05.2019 in Sessions Case No.60/20148 (22/2016) against applicant-appellant - Pramod Kumar S/o Raghuveer Singh Jat shall remain suspended till final disposal of the appeal filed by him, 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 11.12.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused applicant-appellant in a separate file. Such file be
(4 of 4)
[SOSA-781/2023]
[2023:RJ-JD:38158-DB]
registered as Criminal Misc. Case related to original case in which the accused applicant-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.21
2 issues framed by the court
Whether the security of the applicant's presence can be secured by a personal bond and suspension of sentence while his appeal is pending.
Whether the prolonged custody and hostile witnesses justify suspension of sentence pending appeal.
1 provisions across 1 enactments
Pramod Kumar S/o Raghuveer Singh Jat
State Of Rajasthan
Kavita D/o Dharamveer
Vijay Bishnoi
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
