Rajasthan High Court - Jodhpur
Kalpesh vs State Of Rajasthan on 20 October, 2021
Bench: Manoj Kumar Garg
(1 of 3) [SOSA-334/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 334/2021
Kalpesh S/o Narayan lal, Aged about 19 years, R/o Lehana, PS
Bicchiwara, District Dhungarpur.
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. Mool Singh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/10/2021
Heard learned counsel for the appellant and learned Public
Prosecutor.
Learned counsel for the appellant submits that in her initial
statement, the prosecutrix has not levelled any allegation of
sexual assault against the accused-appellant but subsequently on
an application, the prosecutrix's statement were again recorded in
which she levelled allegation of sexual assault against the
appellant. Counsel further submits that in cross-examination,
there are material contradictions, improvements & omissions in
the statement of the prosecutrix. On such evidence of the
prosecutrix, the appellant cannot be held guilty of offence by the
trial court. Counsel submits that the appellant was on bail during
the trial. In such circumstances, his sentence may be suspended
and he may be released on bail.
(2 of 3) [SOSA-334/2021]
Learned Public Prosecutor has opposed the prayer for
suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive 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
substantive sentences passed by the learned Special Judge,
Protection of Children from Sexual Offence Act, Dungarpur, vide
judgment dated 19.04.2021 in Session Case No.116/2018 against
the applicant Kalpesh s/o Narayan Lal, shall remain suspended till
final disposal of the aforesaid appeal and he shall be released on
bail subject to deposit the fine amount as imposed by the learned
trial Court, 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 22.11.2021 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.
4. Appellant shall deposit the fine amount as
imposed by the learned trial Court.
(3 of 3) [SOSA-334/2021]
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.
(MANOJ KUMAR GARG),J
154-MS/-
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