Rajasthan High Court - Jodhpur
Sanwar Lal vs State Of Rajasthan on 21 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1097/2022
Sanwar Lal S/o Shri Sukhdev, Aged About 28 Years, B/c Gurjar,
R/o Aakadsada, Police Station Badnor, District Bhilwara. (At
Present Lodged In Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Tirath Raj Singh Sodha
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/11/2022
Heard learned counsel for the parties.
Learned counsel for the appellant has demonstrated from the
record that there is a complete consent between the prosecutrix
and the appellant. Learned counsel further submits that the
prosecutrix, in her statement, has deposed that they used to
make food; live like husband and wife and she has denied any
physical violence. Learned counsel also submits that the original
allegation was also for enticing away the girl. Learned counsel
further submits that though the offence under the POCSO Act is
there, but a custody of 06 years and 04 months is reflected.
Learned Public Prosecutor opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
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On conjoint consideration of prolonged custody of the
appellant as well as the factual matrix of the case, this Court is
inclined to suspend the substantive sentence awarded to the
accused-appellant.
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) 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 08.01.2019 in Sessions Case No.108/2018
against appellant Sanwar Lal S/o Shri Sukhdev 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 22.12.2022 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
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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.
136-Zeeshan
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