HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 345/2023 in S.B. Criminal appeal No.441/2023 Mohan S/o Shri Kuraji, age 48 years, R/o Surpur, Police Station Sadar Dungarpur, District Dungarpur
----Appellant Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. Abhishek Purohit, AGA HON'BLE MR. JUSTICE FARJAND ALI Order 24/04/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 29.03.2023 passed by the learned Special Judge, POCSO Act Cases, Dungarpur in Sessions Case No.35/2021 whereby he was convicted and sentenced to suffer rigorous imprisonment of 3 years alongwith a fine of Rs.5,00,000/- for the offence under Section 67-A of the IT Act and rigorous imprisonment of 2 years' alongwith a fine of Rs.2,00,000/- for the offence under Section 67 of the IT Act.
2. It is contended that the appellant has falsely been implicated in the case. The alleged recoveries made by the Investigating Agency do not disclose the source of the viral photographs/videos. (Downloaded on 24/04/2023 at 11:10:51 PM)
(2 of 3) [SOSA-345/2023] 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. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions advanced at bar, grounds raised in the memo of appeal and looking to the totality of facts and circumstances of the case, while refraining from passing any comments on the niceties of the matter and the 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 substantive sentences as well as fine imposed upon the appellant till disposal of the appeal.
6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence awarded as well as the fine imposed by (Downloaded on 24/04/2023 at 11:10:51 PM) (3 of 3) [SOSA-345/2023] learned Special Judge, POCSO Act Cases, Dungarpur in Sessions Case No.35/2021 against the appellant-applicant Mohan S/o Kuraji 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 25.05.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
(FARJAND ALI),J Pramod/-
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