Rajasthan High Court - Jodhpur
Bagdi Ram @ Bunty vs State Of Rajasthan on 2 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1226/2021
Bagdi Ram @ Bunty S/o Lakhmi Chand Meena (Rawat), Aged
About 24 Years, Bhemli, P.s. Nimbahera, Dist. Chittorgarh (Raj.).
(Appellant is in Jail Bhilwara).
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Neeraj Kumar Gurjar
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties on S.B. Criminal
(Suspension of Sentence) Application No.834/2021.
Learned counsel for the appellant submits that the age of the
prosecutrix was 17 years at the time of incident, which happened
on 03.01.2020. Learned counsel further submits that as per the
Municipal Certificate, the date of birth of the prosecutrix is
06.12.2002. Learned counsel also submits that the prosecutrix,
who was examined as PW-3, has clearly stated in her statement
that she had voluntarily and happily gone with the accused-
appellant and thereafter, she lived happily with the accused-
appellant. Learned counsel further submits that the appellant was
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on bail during trial. Learned counsel also submits that the
prosecutrix has even in the examination accepted the suggestion
that no intercourse has happened. Learned counsel further
submits that the learned trial court has proceeded on the strict
parameters of POCSO Act, which cannot be overruled.
Learned Public Prosecutor opposes the suspension of
sentence application.
The conclusion drawn by the learned trial court cannot be
overruled completely in strict parameters of POCSO Act, however,
looking into the fact that the prosecutrix is 17 years of age and
also that she has completely denied any allegation and has
narrated voluntary relationship as well as taking into account the
fact that the petitioner was on bail during trial, this Court is not
inclined to continue the custody of the appellant in this case, 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
appellant.
Accordingly, S.B. Criminal (Suspension of Sentence)
Application No. 834/2021 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by the trial
court vide judgment dated 15.07.2021 in Sessions Case
No.197/2020 against appellant Bagdi Ram @ Bunty S/o Lakhmi
Chand Meena (Rawat) 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
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Court on 04.04.2022 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, 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.
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.
(DR.PUSHPENDRA SINGH BHATI),J.
4-Zeeshan
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