Rajasthan High Court - Jodhpur
Irfan Mohammad vs State on 13 January, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 646/2020
IN
S.B. Criminal Appeal No.668/2020
Irfan Mohammad S/o Babu Khan Mansoori, Aged About 24 Years,
Koshithal, Police Station Gangapur, District Bhilwara. (At Present
Lodged In District Jail Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/01/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties and perused the
impugned order.
Counsel for the appellant has shown statement of prosecutrix
i.e. PW-2, in which, she has admitted consensual relationship with
the present appellant. The prosecutrix has deposed in her cross-
examination that they used to go here and there together. She
has also mentioned in her statement that there was a fight
between the present appellant and brother of the prosecutrix. The
prosecutrix in her statement somewhere had stated rape and at
other place has accepted love and affection.
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(2 of 3) [SOSA-646/2020]
Learned PP opposed the bail application in general.
Having considered facts and circumstances of the case and
substantial grounds in the appeal, this Court is of the opinion that
there are strong grounds for challenging the judgment of
conviction and as hearing of the appeal will take time, this Court is
inclined to suspend the sentences awarded to the appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Irfan Mohammad S/o Babu Khan Mansoori by
the learned Special Judge, Protection of Children from Sexual
Offence Act No.01, Bhilwara by his judgment dated 29.01.2020 in
Sessions Case No.183/2018 (204/2017) shall remain suspended
till final disposal of aforesaid appeal provided he executes a
personal bond for a sum of Rs.50,000/- along with two solvent
sureties in the sum of Rs.25,000/- each to the satisfaction of the
learned trial court for his appearance before this Court on
16.02.2021 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated below:-
(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.
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(3 of 3) [SOSA-646/2020]
(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) 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-applicant(s) was/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-applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
36-Sanjay/-
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