HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 1223/2022
In
S.B. Criminal Appeal No. 1861/2022
Dharmpal S/o Ramswaroop, Aged About 30 Years, R/o Saurakha
Kala Tehsil Mundawar Police Station Tatarpur District Alwar
(Presently Confined In Central Jail Alwar)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. B.L. Bairwa
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 06.09.2022 passed by learned Additional Session Judge, Mundawar whereby the accused appellant has been convicted for the offence punishable under sections 366 and 376 IPC and has been sentenced to maximum seven years rigorous imprisonment along with fine of Rs.5,000/-.
Learned counsel for the accused-appellants submits that the prosecutrix has levelled allegations of rape against the accused appellant and one Lalaram but after conducting thorough investigation, Lalaram has not been found involved and thus exonerated and charge-sheet came to be submitted only against (Downloaded on 09/01/2023 at 11:37:52 PM) (2 of 3) [SOSA-1223/2022] the appellant. It is submitted that prosecution has miserably failed to prove it's case beyond every shadow of reasonable doubt. The major contradiction appearing in the story casts a serious doubt in the genuineness of the allegations. He has been sentenced to suffer seven years imprisonment out of which till date he has served 4 years and 5 months.
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 Additional Session Judge, Mundawar, vide judgment dated 06.09.2022 in Sessions Case No.111/2018 against the appellant-applicant Dharmpal S/o Ramswaroop 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 03.02.2023 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.
(FARJAND ALI),J PREETI VALECHA 41 (Downloaded on 09/01/2023 at 11:37:52 PM) Powered by TCPDF (www.tcpdf.org)