Rajasthan High Court - Jodhpur
Udai Lal @ Nitesh @ Karan vs State Of Rajasthan on 5 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.234/2021.
In
S.B. Criminal Appeal No. 276/2021
Udai Lal @ Nitesh @ Karan S/o Mohan Lal, Aged About 20 Years,
R/o Pagara Police Thana Dovda Dist. Dungarpur. (At Present
Lodged In Dist. Jail, Dungarpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
05/07/2021
The instant application for suspension of sentence
under Section 389 CrPC is preferred on behalf of the appellant-
applicant Udai Lal @ Nitesh @ Karan S/o Mohan Lal, who has been
convicted and sentenced for the offences under Sections 366, 344
and 376(2) IPC vide the judgment dated 29.01.2021 passed by
learned Special Judge, POCSO Act Cases, Dungarpur in Sessions
Case No.27/2019.
I have heard and considered the submissions advanced
by the learned counsel for the appellant, learned Public Prosecutor
and have gone through the impugned judgment as well as the
record.
(2 of 3) [SOSA-234/2021]
Suffice it to say that the trial court acquitted the
appellant from the charge under Section 306 IPC. There is no
eye-witness of the alleged incident of sexual assault upon the
victim. Needless to say that neither the FIR lodged by the victim
nor the statement of the victim recorded under Section 164 CrPC
could have been relied upon as these are simply previous
statements made during previous investigation. There is available
on record, an order-sheet of the CJM Court, Dungarpur (Ex.D/1-A)
dated 14.11.2018, wherein it is mentioned that the witness 'M',
the victim appeared before the Court in furtherance of notice for
giving statement under Section 164 CrPC and expressed that her
father had lodged a patently false case and that she had been
beaten. The witness showed the marks of injuries to the CJM and
stated that she was not desirous of giving statement, on which,
she was discharged.
In this background, I am of the opinion that the
accused has available to him, strong grounds for assailing the
impugned judgment. Hearing of the appeal is likely to consume
time. Hence, it is a fit case for grant of indulgence of bail to the
appellant-applicant by suspending the sentences awarded to him
by the trial court during the pendency of the appeal.
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, POCSO Act Cases,
Dungarpur vide judgment dated 29.01.2021 in Sessions Case
No.27/2019 against the appellant-applicant Udai Lal @ Nitesh @
Karan S/o Mohan 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
(3 of 3) [SOSA-234/2021]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 06.08.2021 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.
(SANDEEP MEHTA),J
4-Pramod/-
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