Allowed

Jitendra S/O Shri Prabhulal, v. State of Rajasthan

Rajasthan HC5 Apr 2024SOSA/349/2024

Case brief

AI extract

What is this about?

Convict under POCSO Act sought suspension of a four-year sentence pending appeal. The court allowed the application under Section 389 CrPC, noting he was on bail during trial and appeal disposal would take time, suspending the sentence subject to bail conditions.

What the court decided

AI extract

Jitendra S/O Shri Prabhulal, Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:16227]

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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

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(Appeal) No. 349/2024

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S.B. Criminal Appeal No. 437/2024

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Jitendra S/o Shri Prabhulal, aged about 23 Years, R/o Teacher Colony Etawa, Distt. Kota (Rural), At Present Flat No. A-943, Prem Nagar Affordable Scheme, Police Station Udyog Nagar, Kota City, (Presently Lodged In Central Jail, Kota)

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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. Sudhir Jain, Adv. For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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05/04/2024

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Counsel for the appellant submits that the maximum sentence awarded to the appellant is four years and the appellant was on bail during trial. Counsel submits that the disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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

[2024:RJ-JP:16227]

[SOSA-349/2024]

(2 of 3)

Considering the arguments put forward by the counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is four years and the appellant was on bail during trial and looking to the fact that disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellant.

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Accordingly, the application for suspension of sentence filed by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offence Act, No.3, Kota vide judgment dated 31.01.2024 in Sessions Case No.125/2023 against the appellant Jitendra S/o Shri Prabhulal shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 06.05.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall 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 and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court.

(3 of 3)

[2024:RJ-JP:16227]

[SOSA-349/2024]

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(ANOOP KUMAR DHAND),J

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MR/137

Jitendra S/O Shri Prabhulal, v. State of Rajasthan

Case brief

What is this about?

What the court decided

Jitendra S/O Shri Prabhulal, v. State of Rajasthan

Case brief

What is this about?

What the court decided

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