Allowed

Manohar Lal @ Pintu S/O Badri Prasad v. State of Rajasthan

Rajasthan HC12 Jul 2023SOSA/920/2023

Case brief

AI extract

What is this about?

Single Judge allowed suspension of sentence pending appeal in sexual offence case. Court expressed inability to opine on merits but granted bail with personal bond and sureties, directing appearance in January annually.

What did the court decide?

Sentence suspended till disposal of appeal on execution of personal bond with sureties for appearance until 18.12.2023 and annually thereafter.

Manohar Lal @ Pintu S/O Badri Prasad 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 Suspension Of Sentence Application No. 920/2023

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S.B. Criminal Appeal No. 1502/2023

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Manohar Lal @ Pintu S/o Badri Prasad, Aged About 40 Years, R/o Rongala Ka Bas, Police Station Baswa, Distt. Dausa (Raj) (Confined in Central Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s)	: Mr. Mahendra Kumar Meena
For Respondent(s)	: Mr. B.L. Nasuna,Dy.GA.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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12/07/2023

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This application for suspension of sentence is preferred in pending appeal which was admitted for hearing on 05.07.2023 filed aggrieved of order of conviction and sentence dated 23.05.2023 in sessions case No. 12/2023 passed by learned Special Judge (POCSO Act cases) No.3, Alwar whereby the appellant was convicted under Section 354, 457 IPC and further sentenced to undergo rigorous imprisonment of four years along with fine in each offence.

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Learned counsel for appellant while relying upon grounds of appeal submits that a false case was registered by the complainant at the behest of her husband. He further submitted that statement of prosecutrix were recorded on multiple occasions

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[SOSA-920/2023]

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(2 of 3)

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by police and no where she was able to establish that the appellant has committed any rape with her. He further referred the deposition of prosecutrix to submit that she was a 35 years old female having four children and her husband was present at crime scene, therefore, it is improbable that in such circumstances anybody can commit any sexual assault with prosecutrix. He further submitted that no injury was suffered by prosecutrix and there was no independent witness to corroborate the story of prosecution. He further submitted that appellant was released on bail during trial but he never misused aforesaid liberty. At last, he submitted that there was no criminal antecedent of present appellant, therefore, he is entitled to be released on bail during pendency of present appeal.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for appellant and learned Public Prosecutor and perused the record.

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In present matter, F.I.R. was registered under Sections 457 and 376/511 IPC but charge-sheet was filed under Sections 457, 376 and 354 IPC but after trial present appellant was convicted under Sections 457 and 354 IPC. Prosecutrix was examined as PW-5 before the trial court wherein it was admitted that during night one person came and lied down near her, then she cried and that person ran away but later around 4:00 a.m. same person came again and lied down alongside then, he was caught. As per her statement, her husband and younger daughter were there though she admitted to have four children. Learned trial court on the basis of deposition of prosecutrix convicted present appellant.

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(3 of 3) [SOSA-920/2023]

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Present appellant was released on bail during trial pursuant to order dated 30.09.2022 in S.B. Criminal Misc. Bail Application No. 13751/2022 by a Co-ordinate Bench of this Court.

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Considering the entire material on record and also facts and circumstances of the case it is not possible to express any opinion on the merit of the case, therefore, I am of the considered view it is appropriate that appellant can be granted the benefit of bail. The application for suspension of sentence of accused- Manohar Lal @ Pintu is allowed and sentence is suspended till disposal of appeal with the condition that he would 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 18.12.2023 and whenever ordered to do so till the disposal 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 /26

Manohar Lal @ Pintu S/O Badri Prasad v. State of Rajasthan

Case brief

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Manohar Lal @ Pintu S/O Badri Prasad v. State of Rajasthan

Case brief

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