Rajasthan High Court - Jodhpur
Saddiq Mohammad vs State on 28 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Second Suspension Of Sentence Application
(Appeal) No. 543/2022
IN
S.B. Criminal Appeal No.876/2020
Saddiq Mohammad S/o Shri Babu Khan, Aged About 30 Years,
By Caste Teli Musalman, R/o Chhipon Ka Bas, Kushalpura, P.s.
Jaitaran, District Pali. (At Present Lodged In Central Jail,
Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Ms. Ranjana Singh
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/09/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.543/2022.
Counsel for the appellant submits that on 22.09.2018 when
the present appellant alongwith the prosecutrix were present in
the Police Station, at that time, no FIR was lodged under the
POCSO Act and only proceedings under Section 151 Cr. P.C. were
drawn.
Counsel for the appellant submits that the FIR itself was of
enticing away of the prosecutrix by the present appellant.
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Counsel for the appellant submits that FSL Report as well as
the Medical Report does not indicate anything which could
demolish the defence of the present appellant.
Counsel for the appellant also submits that the appellant is in
custody for last 04 years and 03 months and hearing of appeal is
likely to take a long time, thus, prayed to suspend the sentence.
Learned PP opposed the application.
This Court on conjoint consideration of the submissions
advance as well as taking into account the custody period, is
inclined to suspend the sentence.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Saddiq Mohammad S/o Shri Babu Khan by the
learned Special Judge, Special Court POCSO Act No.2, Pali vide
judgment dated 14.09.2020 in Sessions Case No.338/2018 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 15.11.2022 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
address to the trial court as well as to the counsel in the
High Court.
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(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.
183-Sanjay/-
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