Naresh Panchal S/O Radheshyam vs State Of Rajasthan
2021 Latest Caselaw 1238 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 D.B. Criminal Misc. Suspension of Sentence (Appeal) Application
                                No.16/2021
                                       in
              D.B. Criminal Appeal (Db) No. 3/2021
Naresh Panchal S/o Radheshyam, Aged About 25 Years, R/o
Palsava, At Present Nayapura, Anta Distt. Baran Raj. (At Present
Confined In Distt. Jail Baran)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Ms. Alka Bhatnagar, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

04/02/2021

The instant application for suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Naresh Panchal S/o Radheshyam, who has

been convicted and sentenced for the offences under Sections

363, 366 and 376 IPC read with Section 3/4 of the POCSO Act

vide the judgment dated 22.12.2020 passed by the learned

Special Court, Protection of Children from Sexual Offence Act 2012

and Commission for Protection of Child Rights Act, 2005, No.2

Baran in Sessions Case No.122/2018.

Learned Public Prosecutor has chosen not to file reply

to the application for suspension of sentence and proposed to

argue the matter orally.

(2 of 3) [SOSA 16/2021]

Heard learned counsel for the parties and perused the

material available on record.

We have been taken through the evidence of the victim

Mst. 'K' (P.W.1) and more particularly the cross-examination

conducted from her, in which she was confronted with her

previous statements recorded under Sections 164 and 161 CrPC

(Ex.P/2 and Ex.D/1 respectively), wherein she affirmatively stated

that the accused did not subject her to sexual assault. The

relevant part of the 164 CrPC Statement (Ex.P/2) of the victim is

reproduced hereinbelow for the sake of reference :-

xqtjkr esa ujs'k vkSj 'ks: QSDVªh esa dke djus tkrs FksA ogk¡ nks dejs Fks

ftuesa ge jgrs FksA eSa vkSj ujs'k ,d dejs esa lksrs FksA ujs'k us esjs lkFk

dksbZ xUnk dke ugha fd;k vkSj u gh esjs lkFk dksbZ tcjnLrh dhA

In this view of the matter and having regard to the

facts and circumstances of the case, this court is of the opinion

that this is a fit case for release of the appellant-applicant on bail

by suspending the sentences awarded to him by the trial court.

Accordingly, the application for suspension of sentences

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Court, Protection of

Children from Sexual Offence Act 2012 and Commission for

Protection of Child Rights Act, 2005, No.2 Baran vide judgment

dated 22.12.2020 in Sessions Case No.122/2018 against the

appellant-applicant Naresh Panchal S/o Radheshyam 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

(3 of 3) [SOSA 16/2021]

court on 05.03.2021 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 learned 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 accused applicant does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

                                    (PRAKASH GUPTA),J                                             (SANDEEP MEHTA),J

                                   Pramod/Harshit/19









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