Rajasthan High Court - Jodhpur
Noratram vs State Of Rajasthan on 25 May, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 327/2021
Noratram S/o Gogaram Ji, Aged About 23 Years, By Caste
Chokidar, R/o Roopnagar, P.s. Ras, Dist. Pali (Raj.). (Accused
Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bharat Devasee (through VC)
For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G
Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment
25/05/2021
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant-applicant
Noratram S/o Shri Gogaram who has been convicted and
sentenced as below vide judgment dated 27.01.2021 passed by
learned Special Judge, POCSO Act Cases, No.3, Pali, in CIS Case
No.10/2019:
Offence Under Imprisonment Fine Sentence in
Section default of fine
363 IPC Three Years' RI Rs.5,000/- 1 Year's RI
366A IPC Seven Years' RI Rs.5,000/- 1 Year's RI
376 DA IPC Life Imprisonment Rs.25,000/- 3 Years' RI
We have heard and considered the submissions advanced by
Shri Devasee, Advocate representing the appellant-applicant and
(2 of 3) [SOSA-327/2021]
learned Public Prosecutor and have gone through the impugned
judgment and the record.
Learned counsel Shri Devasee submits that there is no
allegation of sexual assault against the appellant. The FIR was
lodged after a delay of 14 days and that in the previous statement
of the victim (Ex.D/1) recorded by the police during investigation,
she did not allege that the appellant herein caught hold of her
hands or that he stood guard whilst the main accused Vijayraj @
Binjaram subjected her to sexual assault. He thus urges that the
appellant, who was on bail during trial deserves indulgence of bail
during pendency of the appeal.
Per contra, learned Public Prosecutor vehemently and
fervently opposes the submissions advanced by the appellant's
counsel. However, he too is not in a position to dispute the fact
that the FIR came to be lodged through a complaint filed in the
court, after a delay of 14 days. It is also not in dispute that when
the victim Mst. 'P' was examined during investigation under
Section 161 Cr.P.C., she did not allege that the appellant herein
caught hold of her hands or that he stood guard whilst the main
accused Vijayraj @ Binjaram allegedly subjected her to sexual
assault.
In this background, we are of the opinion that the appellant
has available to him strong grounds for assailing the impugned
judgment. Hearing of the appeal is likely to consume time.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
POCSO Act Cases, No.3, Pali vide judgment dated 27.01.2021 in
CIS Case No.10/2019 against the appellant-applicant Noratram
(3 of 3) [SOSA-327/2021]
S/o Shri Gogaram shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail subject to the
condition that he shall furnish 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 25.06.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated 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.
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(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.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
19-Sudhir Asopa/-
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