Manish Bavari vs State Of Rajasthan
2022 Latest Caselaw 14343 Raj

Citation : 2022 Latest Caselaw 14343 Raj
Judgement Date : 6 December, 2022

Rajasthan High Court - Jodhpur

Manish Bavari vs State Of Rajasthan on 6 December, 2022

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 941/2022.

IN S.B. CRIMINAL APPEAL NO. 277/2021.

Manish Bavari S/o Kishtura Ram, Aged About 22 Years, B/c Bavari, R/o Hunawas Kalla, P.s. Jaitaran, Dist. Pali. (Presently Lodged In DistRICT Jail, Pali). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent

For Petitioner(s) : Mr. Himanshu Choudhary. For Respondent(s) : Mr. Laxman Solanki, PP.

HON'BLE MR. JUSTICE FARJAND ALI Order

06/12/2022

Heard.

Admit.

Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellant and learned public

prosecutor on application of suspension of sentences.

Learned counsel for the appellant submits that the

allegations as levelled against the applicant-appellant are not

worth reliable rather seems to be a bundle of lies as initially, it was

alleged by the complainant that it were accused Manish, Rakesh,

Mukesh and Ashok who caught hold the prosecutrix and dragged

her into the house and thereafter, the prosecutrix was subjected

to rape by the appellant with the assistance of other co-accused

(2 of 3) [SOSA-941/2022]

persons. Learned counsel submits that after thorough

investigation, the involvement of other accused persons was not

found proved and they were exonerated from the charges.

Learned counsel also submits that from this fact, it can be

presumed that the case of the prosecution was not honest.

Learned counsel further submits that it is alleged that the victim

was a minor but the learned Trial Judge has not approved the fact

and the appellant has been acquitted from charge under Sections

3/4 of the POCSO Act. Learned counsel submits that there are

serious infirmities and incongruities in the case of the prosecution

which goes to the root and a serious doubt is appearing in the

genuineness of the story of the prosecution. The appellant is

behind the bars since 26.02.2022. Therefore, learned counsel for

the appellant submits that the sentences awarded to the accused-

appellant may be suspended as the disposal of the appeal will

consume time.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by the learned counsel for the accused-

appellant.

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 sentences awarded to the accused-appellant.

Accordingly, the application for suspension of sentences filed

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

sentences passed by the learned Special Judge, POCSO Act Cases

No. 2, Pali vide judgment dated 26.02.2021 in Sessions Case No.

344/2018 against the applicant-appellant Manish Bavari S/o

(3 of 3) [SOSA-941/2022]

Kishtura Ram 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 06.01.2023 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.