Rajendra vs State Of Rajasthan ...
2023 Latest Caselaw 2820 Raj

Citation : 2023 Latest Caselaw 2820 Raj
Judgement Date : 6 April, 2023

Rajasthan High Court - Jodhpur

Rajendra vs State Of Rajasthan ... on 6 April, 2023

Bench: Farjand Ali

[2023/RJJD/009207]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 113/2023

Rajendra S/o Shri Bhanwar Lal, Aged About 28 Years, R/o Charanvas, Chitawa Police Station, District Nagaur. (Lodged In District Jail, Merta)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Hanuman Ram S/o Shri Chuna Ram, B/c Baori, R/o Charanwas, Chitawa Police Station, Nagaur, Dist. Nagaur.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. B. Ray Bishnoi
For Respondent(s)            :     Mr. Mohd. Javed Gauri, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

06/04/2023

The instant application for suspension of sentence has

been moved on behalf of the applicant in the matter of judgment

dated 20.01.2023 passed by the learned Special Judge, POCSO

Act Cases, No.1, Merta in Sessions Case No.43/2019, whereby he

was convicted and sentenced to suffer maximum imprisonment of

20 years for the offence under Section 376 (3) IPC with lesser

punishment for the offences under Section 366 IPC and Section

5(L)/6 of the POCSO Act.

Learned counsel appearing for the appellant

vehemently urged that a false case has been foisted against the

petitioner. There is no evidence worth credence so as to base

conviction under Section 376 IPC and the POCSO Act. The

[2023/RJJD/009207] (2 of 3) [SOSA-113/2023]

prosecutrix P.W.1, though made allegations in examination-in-

chief, but totally negated the story when cross-examined. In this

view of the matter, learned counsel submits that may be two

views are there, but relying upon the theory of criminal

jurisprudence, the view favourable to the accused should be

accepted. The appellant is behind the bars since arrest; hearing

of the appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the accused-

applicant for releasing the appellant on application for suspension

of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions advanced at bar and

looking to the totality of facts and circumstances of the case, while

refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

Accordingly, the application for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge, POCSO Act Cases,

No.1, Merta in Sessions Case No.43/2019 against the appellant-

applicant Rajendra S/o Bhanwar Lal shall remain suspended till

final disposal of the aforesaid appeal and he shall be released on

bail provided he executes a personal bond in the sum of

[2023/RJJD/009207] (3 of 3) [SOSA-113/2023]

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 08.05.2023 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 applicant 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.