Sachin Khanna vs State Of Rajasthan
2021 Latest Caselaw 15262 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application No. 429/2021

In

S.B. Criminal Appeal No. 44/2021

Sachin Khanna S/o Sh. Ram Chandra, Aged About 26 Years, R/o Ward No. 1, Sahjipura, P.S. Sadar, Hanumangarh District Hanumangarh.

(At Present Lodged In District Jail, Hanumangarh).

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Suresh Kumbhat Mr. Sheetal Kumbhat Mr. Shrawan Saini For Respondent(s) : Mr. Gaurav Singh, P.P.

Mr. Pankaj Gupta for the complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/10/2021 The present suspension of sentence application has been

filed under Section 389 Cr.P.C. on behalf of the applicant-

appellant, who is in judicial custody in connection with Sessions

Case No. 17/2019, District Hanumangarh, registered for the

offence under Sections 305, 354-D, 306, 506 of IPC and under

Section 11/12 of POCSO Act

Heard learned counsel for the applicant-appellant and the

learned Public Prosecutor as well as learned counsel for the

complainant on application for suspension of sentence.

Learned counsel for the applicant-appellant stated as per

prosecution meeting held on 01.01.2019 and incident had taken

(2 of 3) [SOSA-429/2021]

place on 02.01.2019 and then report was submitted on

04.01.2019; that there is no evidence of instigation of abetment

of suicide soon before the death; PW2 Aadram has turned hostile

and Sita Ram and Rishu Doodhwal were not produced by the

prosecution; accused-appellant is behind the bars since

11.01.2019. Learned counsel further stated that although there is

no evidence of Section 306 accused-petitioner was convicted

under Section 305 IPC. Lastly learned counsel submitted that final

decision of the appeal is likely to take considerable time, and,

therefore, it would be appropriate to keep applicant(s)-appellant

under further incarceration.

Per contra, learned Public Prosecutor and learned counsel for

the complainant vehemently and fervently opposed the bail

application. Learned counsel for the complainant stated that two

persons committed suicide in the present case and PW-2 Aadram

turned hostile but he has supported the story of prosecution

before examination-in-chief. Learned counsel further stated that

PW 4- Sandeep also supported the story of prosecution and stated

that deceased was threatened by the accused appellant.

Having regard to the facts and circumstances of the case,

particularly to the fact that there is no clear evidence of instigation

or abetment of suicide soon before death and disposal of the

appeal will take time, therefore, without expressing any opinion on

the merits of the case, this Court is of the opinion that it is a fit

case for suspending the sentences awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

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

sentences passed by learned Special Judge, POCSO,

Hanumangarh vide judgment dated 17.12.2020 in Sessions Case

No. 17/2019 against the applicant-appellant Sachin Khanna S/o

(3 of 3) [SOSA-429/2021]

Sh. Ram Chandra, 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.1,00,000/- with two

sureties of Rs. 50,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 08.11.2021 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(s) changes the place of

residence, he 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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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 appellant 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 287-/Akshay/-

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