Rajasthan High Court - Jodhpur
Hadmanaram vs State Of Rajasthan on 15 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1260/2022
In
S.B.Criminal Appeal No. 1792/2022
Hadmanaram S/o Moolaram, Aged About 41 Years, R/o Jogalsar
Ps Sandwa Dist. Churu Raj. (Presently Lodged In Dist. Jail
Churu).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. B.S.Rathore
For Respondent(s) : Mr. Javed Gauri, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/12/2022
Heard learned counsel for the accused-appellant as well as
learned Public Prosecutor on the application for suspension of
sentence. Perused the judgment and order impugned and the
record.
Learned counsel for the accused-appellant submits that a
patently false case has been foisted against the appellant and no
offence has been committed by him. The manner in which the
occurrence said to have occurred is not convincing, rather creates
serious doubt over the veracity of the statement of the
prosecutrix. There is a delay of 6 days in lodging of the FIR, but
no explanation has been furnished in this regard so as to convince
(2 of 4) [SOSA-1260/2022]
the Court that no embellishment was made. He further submits
that the case of the prosecution is totally based upon a concocted
story which after investigation was not found as it was, by the
investigating agency and therefore, the accused Bajrang Singh
was exonerated from the charges and the charge-sheet came to
be submitted only against the appellant Hadmanaram @ Bhopa.
The prosecutrix is a grown up married lady of 25 years of age. It
is strenuously urged that when the prosecutrix was found missing,
her father got lodged a missing person report being Ex.P/5, in
which, when she was traced and taken to the police station, it was
the stand of the prosecutrix that no offence was committed
against her. The document Ex.D/1 is the document showing total
negation of the story of the prosecution as in that document the
prosecutrix herself admitted that neither she was abducted nor
molested. The appellant was on bail during the course of trial. He
has strong arguable case and the matter requires re-appreciation,
however, hearing of the appeal would likely to take long time.
Thus, learned counsel submits that the accused appellant
deserves to be granted liberty of bail by allowing the application
for suspension of sentence.
Learned Public Prosecutor has vehemently opposed the
prayer regarding suspension of sentence.
Considering the submissions advanced by the learned
counsel for the parties and going through the record more
particularly documents Ex.P/1, Ex.P/5 and Ex.D/1, this Court
deems it just and proper to suspend the sentence awarded to the
accused-appellant.
(3 of 4) [SOSA-1260/2022]
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, SC/ST (Prevention
of Atrocities) Act Cases, Churu vide judgment dated 07.11.2022 in
Sessions Case No. 16/2009 (56/2016) against the appellant-
applicant Hadmanaram S/o Moolaram 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 17.1.2023 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.
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
(4 of 4) [SOSA-1260/2022]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(FARJAND ALI),J
232-RP/-
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