Rajasthan High Court - Jodhpur
Khem Raj vs State Of Rajasthan on 1 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 617/2021
Khem Raj S/o Ratta @ Ratan Lal, aged about 20 years, B/c Bhoi
Mali, R/o Kot, Police Station Kurabad, District Udaipur (Raj.) at
present residing at Jaupad Patti (Kacchi Basti), Near Public Park,
Anand Nagar P.S. Kopera Mallon, Mumbai, Maharashtra.
(At present lodged in Chittorgarh Jail).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
01/12/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 23.09.2021 passed by Special Judge,
Protection of Children from Sexual Offences Act, 2012, District
Chittorgarh in Sessions Case No. 182/2018 :-
Offence Sentences Fine Fine Default
sentences
u/s 363 IPC 5 years RI Rs.2,000/- 1 month SI
u/s 366 IPC 10 years RI Rs.2,000/- 1 month SI
u/s 344 IPC 3 years RI Rs.2,000/- 1 month SI
u/s 5(L)/6 of 20 years RI Rs.25,000/- 6 months SI
POCSO Act
All sentences shall run concurrently
(2 of 4) [SOSA-617/2021]
The petitioner has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused impugned judgment and original record of
the case.
Learned counsel for the petitioner submits that the
prosecutrix (P.W. 1) in her statement has stated that she went
with the petitioner voluntarily. In her cross-examination, she has
admitted that no wrong was committed with her by the petitioner.
She has also stated in her statement recorded under Section 164
of Cr.P.C. that she did not want to prosecute Khemraj, petitioner
herein. He further submits that the petitioner was on bail during
trial. The petitioner was 20 years of age at the time of incident.
He further submits that there is no chances that hearing of the
appeal may take place in near future. In the above circumstances,
he prays to allow this application for suspension of sentences.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the rival submissions and after perusal of
the record as also considering the facts and circumstances of the
case more particularly the fact that the petitioner was on bail
during trial and he was below 21 years of age at the time of
incident, this Court is inclined to accept the application for
(3 of 4) [SOSA-617/2021]
suspension of sentences and to release the petitioner on bail
during the pendency of the appeal.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Special Judge, Protection of Children
from Sexual Offences Act, 2012, District Chittorgarh vide
Judgment dated 23.09.2021 in Sessions Case No. 182/2018
against the petitioner-applicant - Khem Raj S/o Ratta @ Ratan
Lal, 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 trial Judge for his
appearance in this Court on 27.01.2022 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.
The trial Court shall keep the record of attendance of the
accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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
(4 of 4) [SOSA-617/2021]
accused applicant does not appear before the trial court, the trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
58-Inder/-
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