Rajasthan High Court - Jodhpur
Parmeshwar @ Praveen vs State Of Rajasthan on 20 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 483/2022
Parmeshwar @ Praveen S/o Sh. Devi Lal, Aged About 19 Years,
Village Chokhala, P.s. Kalinjara, Dist. Banswara (Raj.). (Appellant
Is In Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/05/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on application seeking
suspension of sentence no.345/2022.
Counsel for the appellant points out age of prosecutrix as
16 years and 08 months and that of appellant is about 18 years
and eight months..
Counsel for the appellant has shown statement of prosecutrix
rendered under Section 164 Cr. P.C., in which, she deposed that
while she was standing at Thekaria bus stand for going to school,
she was taken by Parmesh to Partapur. From Partapur she was
taken to Sagwara; then to Ahmedabad, then from Ahmedabad to
Dungarpur where they stayed together. From Dungarpur she was
taken to Himmat Nagar. From Himmat Nagar again she was taken
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to Dungarpur and then to Udaipur. At Udaipur they stayed in a
hotel. Then she was taken to Banswara and finally was left at
Pratap Circle.
Counsel for the appellant submits that the statement under
Section 164 Cr. P.C., were developed subsequently.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Parmeshwar @ Praveen S/o Sh. Devi Lal by the
learned Sessions Judge, POCSO Act Cases & Right to Protection of
Child Commission Act, Banswara vide judgment dated 19.04.2022
in POCSO Case No.27/2019 shall remain suspended till final
disposal of aforesaid appeal provided he executes a personal
bond for a sum of Rs.50,000/- alongwith two solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before this Court on 11.07.2022 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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
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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(s), they
will give in writing their changed address(s) 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.
(DR.PUSHPENDRA SINGH BHATI), J.
180-Sanjay/-
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