Rajasthan High Court
Mukesh Gurjar S/O Shriram vs State Of Rajasthan on 4 February, 2021
Bench: Sandeep Mehta, Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence (Appeal) Application
No.1122/2020
in
D.B. Criminal Appeal No. 1642/2020
Mukesh Gurjar S/o Shriram, Aged About 28 Years, Occupation
Supplier Of Building Material R/o Kalakhora Police Station
Thanagazi, Distt. Alwar At Present Lodged In The Central Jail
Alwar.
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Ashvin Garg
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 Mukesh Gurjar S/o Shriram, who has been
convicted and sentenced for the offences under Sections 67 and
67-A of the Information Technology Act, 2000 vide the judgment
dated 06.10.2020 passed by the learned Special Judge, Scheduled
Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Alwar in
Sessions Case No.132/2019.
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-1122/2020]
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant-applicant points out
that the appellant has remained in custody since 07.05.2019. he
further states that the prosecution allegation regarding the
appellant forwarding indecent videos and photographs of the
victim Mst. 'K' to the co-accused Mukesh is totally falsified from
the evidence of the Girraj Prasad Gurjar (P.W.6). He urges that
the appellant has available to him strong grounds to challenge the
impugned judgment. Hearing of the appeal is not likely in near
future. On these grounds, he craves indulgence of the court for
releasing the appellant on bail by suspending his sentence during
the pendency of the appeal.
Learned Public Prosecutor has vehemently and fervently
oppose the submissions advanced by the appellant's counsel.
Having heard and considered the submissions advanced
at bar and after perusal of the impugned judgment and the
record, it is apparent that the appellant has been awarded the
maximum sentence of five years for the offence under Section
67-A of the IT Act and he has already remained in custody for a
period of one year and eight months. Hearing of the appeal is
likely to consume time.
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 Judge, Scheduled
(3 of 3) [SOSA-1122/2020]
Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Alwar
vide judgment dated 06.10.2020 in Sessions Case No.132/2019
against the appellant-applicant Mukesh Gurjar S/o Shriram 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 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 /18
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