Navratan @ Norat Kumawat vs State Of Rajasthan
2022 Latest Caselaw 14742 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 994/2022

Navratan @ Norat Kumawat S/o Shri Ramdev Kumawat, Aged About 27 Years, R/o Shrinagar, Police Station Phuliakalan, District Bhilwara (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Radhakishan S/o Jagnath Kumawat, Aged About 48 Years, R/o Srinagar, P.s. Phuliya Kalan, District Bhilwara.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Pradeep Shah
For Respondent(s)          :     Mr. Anil Joshi, GA cum AAG assisted
                                 by Mr. Rajat Chhaparwal, AAAG



           HON'BLE MR. JUSTICE VIJAY BISHNOI
         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                      Order

15/12/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Special Judge, Protection of Children

from Sexual Offences Act, 2012 and Commission for Protection of

Child Rights Act No.2, Bhilwara vide judgment dated 08.06.2022

in Sessions Case No.11/20 (02/20). The appellant-applicant has

been sentenced as under :-

Offence U/s         Sentence               Fine                   Sentence
                                                                  (In default    of


                                         (2 of 4)                  [SOSA-994/2022]


                                                                payment          of
                                                                fine)
363 IPC           05 Years' R.I.         Rs.5,000/-             2 Months' S.I.
366 IPC          05 Years' R.I.          Rs.5,000/-             2 months' S.I.
346 IPC          02 years' R.I.          Rs.2,000/-             1 months' S.I.
376 (DA) IPC     Natural   Life Rs.20,000/-                     6 months' R.I.
                 Imprisonment

Learned counsel for the appellant-applicant has argued that

the trial court has grossly erred in convicting and sentencing the

appellant-applicant vide order dated 08.06.2022. Learned counsel

for the appellant-applicant while inviting our attention towards the

statements of the victim and other witnesses has argued that the

only allegation levelled against the applicant-appellant is that he

has provided shelter to the other co-accused persons Bajrang and

Ramdhan, who had abducted and sexually assaulted the victim.

Learned counsel has further submitted that as a matter of fact,

the accused-appellant is not aware that co-accused persons have

abducted the victim and malafidely stay at his house. Learned

counsel for the applicant-appellant has further submitted that

though, the victim in her police statement as well as the court

statement has alleged the wife of the appellant-applicant has also

facilitated the commission of crime, but no charge-sheet has been

filed against her and she has also not been summoned as an

accused by the trial court during the course of trial. Learned

counsel for the appellant-applicant has further submitted that the

co-accused namely Satya Narayan has already been enlarged on

bail and the applicant-appellant was on bail during the trial, and

followed the conditions of bail. It is also submitted that the appeal

filed by the appellant-applicant is not likely to be heard in

(3 of 4) [SOSA-994/2022]

near future. It is, thus, prayed that the sentence awarded to the

appellant-applicant by the trial court may be suspended.

Per contra, learned Public Prosecutor has opposed the

application for suspension of sentence.

Having heard learned counsel for the parties; after carefully

scrutinizing the record of the case, this Court is inclined to

suspend the sentence awarded to the appellant-applicant by the

trial court vide judgment impugned.

Accordingly, this application for suspension of sentence filed

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

substantive sentence passed by the learned Special Judge,

Protection of Children from Sexual Offences Act, 2012 and

Commission for Protection of Child Rights Act No.2, Bhilwara vide

judgment dated 8.6.2022 in Sessions Case No.11/20 (02/20)

against appellant-applicant Navratan @ Norat Kumawat S/o Shri

Ramdev Kumawat shall remain suspended till final disposal of the

aforesaid appeal 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 Judge for his appearance in this

Court on 24.1.2023 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.

(4 of 4) [SOSA-994/2022]

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

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 does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J (VIJAY BISHNOI),J 25-mohit/-

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