Rajasthan High Court - Jodhpur
Laluram vs State Of Rajasthan on 25 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 875/2021
Laluram S/o Nanda Meena, Aged About 27 Years, Jambukheda,
P.s. Deogarh, Dist. Pratapgarh (Raj.). (At Present Lodged In
Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Deepika Purohit
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/08/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.875/2021.
Counsel for the appellant has pointed out from record that
the allegation in prosecution story was strongly pursued against
Sajjan Bai, Khanuram, Manaram and Laluram (the present
appellant).
Counsel for the appellant submits that all other co-accused
persons have been acquitted from charges; which were under
Sections 363, 366, 372 IPC against Sajjan Bai, Section 368 & 372
IPC against Manaram, under Section 376/109 IPC and Section
4/17 of POCSO Act, however, Laluram (present appellant) has
been acquitted from charge under Section 372 IPC and Section 4
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of POCSO Act while giving him benefit of doubt and his conviction
is only to the extent of Section 376 IPC. The moment the
prosecution story for all other co-accused collapsed, then case
against the present appellant stands demolished.
Counsel for the appellant further submits that the appellant
is in custody for last about 07 years and 10 months, thus, prayed
to suspend the sentence.
Learned PP opposed the application.
On conjoint consideration of submissions made by counsel
for the appellant as well as after perusing record, this Court finds
it a fit case to suspend the sentence of accused.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Laluram S/o Nanda Meena by the learned Special Judge,
POCSO Act Cases No.1, Udaipur vide judgment dated 29.09.2021
in Sessions Case No.73/2018 shall remain suspended till final
disposal of aforesaid appeal provided he executes a personal
bond for a sum of Rs.50,000/- alongwith two solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before this Court on 11.10.2022 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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.
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(3) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) 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.
(DR.PUSHPENDRA SINGH BHATI), J.
108-Sanjay/-
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