Rajasthan High Court - Jodhpur
Kapil Dev vs State Of Rajasthan on 28 June, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 654/2022
Kapil Dev S/o Sh. Richpal, Aged About 28 Years, Manaksar P.s.
Suratgarh Dist. Sri Ganganagar (Raj.). (Presently Lodged At
Dist. Jail, Sriganganagar)
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/06/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.414/2022.
Learned counsel for the appellant submits that the
prosecutrix is above the age of 16 years. Learned counsel has
drawn the attention of this Court towards the statement rendered
by the prosecutrix in the capacity of PW-1, in which, she has
deposed that the appellant called her outside her home, upon
which, she went with him and then from village, they went
together at Suratgarh Railway Station, from there they went to
Bikaner and after staying at Bikaner for one night, they again
went by train to Jodhpur, thereafter, they stayed at Jodhpur. The
prosecutrix has further deposed that the accused was a labour,
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doing stone work, and from morning to evening, he went for
labour whereas the prosecutrix was alone at the home. She also
stated that her match was fixed with one Raju and the marriage
was to take place on 08.04.2014.
Learned Public Prosecutor opposes the suspension of
sentence application.
After hearing learned counsel for the parties and perusing
the record of the case, this Court is of the opinion that the
statement rendered by the prosecutrix reflects consent, although
the consent in POCSO Act would not be of much use but definitely
at the time of suspension of sentence, it is sufficient to discontinue
the custody at this stage.
Thus, having considered the totality of facts and
circumstances of the case, this Court deems it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
414/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 06.04.2022 in Session Case No.275/2018
(CIS No.261/2018) against appellant- Kapil Dev S/o Sh. Richpal
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a 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
28.07.2022 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, they will give in writing his changed
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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.
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 do 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.
18-Zeeshan
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