HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
761/2022
In
S.B. Criminal Appeal No. 1111/2022
Hariprasad @ Kalu S/o Ramratan, Aged About 39 Years, R/o
Khatkalan, Police Station Surwal District Sawaimadhopur,
Rajasthan Presently Confined In Jail Sawaimadhopur
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. B.S. Gurjar
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 18.06.2022 passed by learned Sessions Judge, Sawaimadhopur whereby the accused appellant has been convicted for the offence punishable under sections 376, 452, 457, 323 and 341 IPC and has been sentenced to maximum ten years rigorous imprisonment along with fine of Rs.5,000/- and in default to further undergo six months additional imprisonment.
Learned counsel for the accused-appellants submits that a false case has been foisted against the appellant with an oblique motive since there was political rivalry between the parties. The (Downloaded on 11/01/2023 at 11:51:16 PM) (2 of 3) [SOSA-761/2022] prosecutrix is a grown up lady of 30 years and the manner in which the said incident has taken place does not inspire confidence. Learned trial Court has failed to appreciate the evidence brought on record.
Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.
The accused-appellant was on bail during the trial and presently is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions 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 sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Sawaimadhopur, vide judgment dated 18.06.2022 in Sessions Case No. 61/2020 against the appellant-applicant Hariprasad @ Kalu S/o Ramratan 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 their appearance in this court on 09.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. 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.
3. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants were 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 applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J PREETI VALECHA /42 (Downloaded on 11/01/2023 at 11:51:16 PM) Powered by TCPDF (www.tcpdf.org)