Rajasthan High Court - Jodhpur
Rakesh vs State Of Rajasthan on 23 August, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 484/2021
Rakesh S/o Swami Dayal Jayswal, Aged About 22 Years, B/c
Jayaswal, R/o Bankasiya, Tulsipur Police Station, District
Balrampur (Up) (Lodged In District Jail, Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. Mohd. Javed Gouri, PP
JUSTICE DINESH MEHTA
Order
23/08/2022
1. The appellant has been convicted for the offences under
Sections 343, 370-A and 376(2) of the Indian Penal Code vide
judgment/order dated 20.08.2019, passed by learned Special
Judge, POCSO Act Cases, Dungarpur in Sessions Case
No.81/2018.
2. Mr. Deora, learned counsel for the appellant submitted that
the prosecutrix, a minor girl had eloped with the appellant of her
own will and volition. While maintaining that no offence has been
committed by the appellant, learned counsel argued that the
physical relationship (if any) was with the consent of the
prosecutrix.
3. Learned counsel further submitted that the appellant who
was 21 years of age at the relevant time, has already served 5
years' sentence out of 10 years' sentence awarded to him.
(2 of 3) [SOSA-484/2021]
4. Looking to the facts and circumstances of the case and
considering that the appellant is a young boy of 26 years of age
and the appeal is not likely to be heard in near future, I consider it
just and proper to suspend the sentence awarded to the appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of the Code of Criminal Procedure is allowed
and it is ordered that the sentence passed by the learned Special
Judge, POCSO Act Cases, Dungarpur in Sessions Case No.81/2018
vide order dated 20.08.2019 against the appellant Rakesh S/o
Shri Swami Dayal Jayswal, shall remain suspended till final
disposal of the appeal and he shall be released on bail, provided
he executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Court for his appearance in this court on 27.09.2022 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, 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,
they will give in writing their changed address to
the trial Court.
6. The learned trial Court shall keep the record of attendance of
the appellant in a separate file. Such file be registered as Criminal
Misc. Case related to original case in which the apellant 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
(3 of 3) [SOSA-484/2021]
cases in the trial court. In case the said appelant does not appear
before the trial court, the learned trial Judge shall report the
matter to the High Court for cancellation of bail.
(DINESH MEHTA),J
185-skm/-
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