Rajasthan High Court - Jodhpur
Atul vs State Of Rajasthan on 18 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 576/2022
Atul S/o Krishan Murari Vyas, Aged About 27 Years, R/o
Gadarmala Karoi Ps Dist. Bhilwara (Lodged In Dist. Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha a/w Mr. Magender
Singh
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/08/2022
Learned counsel for the appellant has pointed out from the
judgment and record that the offence of rape was not found to be
made out against the present petitioner. Learned counsel for the
petitioner submits that according to the impugned judgment, the
present petitioner has been acquitted from the offence under
Section 376(3), 376(2)(,u) of IPC and Section 3 / 4(ii), 5(l)/6 of
POCSO Act and has been convicted under Section 354(D), 506 of
IPC and Section 7/8, 11(4)(5) / 12 of POCSO Act. It is also
contended that the age of the prosecutrix is 16 years.
Learned Public Prosecutor opposes the suspension of
sentence application.
Heard learned counsel for the parties and perused the record
of the case.
(Downloaded on 18/08/2022 at 08:45:26 PM)
(2 of 3) [SOSA-576/2022]
Since the petitioner has not been found guilty of any direct
sexual assault and has been acquitted from the charges of 376(3),
376(2)(,u) of IPC and Section 3 / 4(ii), 5(l)/6 of POCSO Act and
is in custody since 14.08.2020, this Court deems it appropriate to
grant the suspension of sentence application. The present order
shall not impact upon the main accused in the matter.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, the present Suspension of Sentence application
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 23.06.2022 in Session Case
No.213/2020 against appellant- Atul S/o Krishan Murari Vyas
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a 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
20.09.2022 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 appellant changes the place of
residence, they 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,
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 tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
(Downloaded on 18/08/2022 at 08:45:26 PM)
(3 of 3) [SOSA-576/2022]
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 do 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.
56-Sudheer/-
Powered by TCPDF (www.tcpdf.org)
