Rajasthan High Court - Jodhpur
Prithvi Singh vs State Of Rajasthan on 9 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Appeal No. 1780/2022.
Prithvi Singh S/o Gopal Singh, Aged About 31 Years, R/o
Jathera, Surpaliya Police Station, District Nagaur.
(Accused In Distt. Jail, Nagaur)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Manohar Singh.
For Respondent(s) : Mr. Salim Khan Mehar, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/12/2022
Heard.
Admit. Issue notice to the respondent.
Learned Public Prosecutor accepts notice on behalf of State.
Record has already been received.
Heard learned counsel for the appellant and the learned
Public Prosecutor on the application seeking suspension of
sentences (SoSA No. 1068/2022).
Learned counsel for the applicant/appellant submits that
the very initiation of the prosecution was not honest and that is
why, after a rigorous trial, the learned Trial Court acquitted the
appellant from the charges under Section 376(2)(jha) of the
Indian Penal Code and Sections 3/4 and in alternate Sections 5(L)/
(2 of 3) [CRLAS-1780/2022]
6 of the POCSO Act and he has been convicted for the offences
under Sections 363, 366 (A) of the Indian Penal Code. Learned
counsel further submits that there is no definite evidence
regarding the allegation that the accused has made procurement
of the girl or removed the custody of the minor from her lawful
guardianship. The appellant has a strong arguable case in his
favour and there is every hope for success in appeal. Therefore,
learned counsel for the applicant/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 for suspending the sentences.
Upon a consideration of the arguments advanced on behalf
of the applicants/appellants 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 sentence 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
sentences passed by the learned Special Judge (POCSO Act Cases-
2012), Nagaur vide judgment dated 31.10.2022 in Sessions Case
No. 130/2017 against the applicant/appellant Prithvi Singh S/o
Gopal Singh 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 09.01.2023 and
(3 of 3) [CRLAS-1780/2022]
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.
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.
(FARJAND ALI),J
2-Mohan/-
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