Bharu Ram @ Kalu Ram vs State Of Rajasthan
2023 Latest Caselaw 3330 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.333/2023

in

S.B. Criminal Appeal No. 429/2023

Bharu Ram @ Kalu Ram S/o Jetha Ram, Aged About 47 Years, 38- G B Vijay Nagar, Teh. Vijay Nagar, Teh. Vijay Nagar, Dist. Sri Ganganagar, Presently R/o Tawariwala, Teh. Pokaran, Dist. Jaisalmer (Raj.).

                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. R.R. Ankiya
For Respondent(s)        :     Mr. Abhishek Purohit, AGA



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

20/04/2023

1. The instant application for suspension of sentence has been

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

31.03.2023 passed by the learned Special Judge, POCSO Act

Cases, Jaisalmer in Sessions Case No.09/2022 whereby he was

convicted and sentenced to suffer imprisonment of 3 years each

for the offences under Sections 354 of the IPC and 7/8 of the

POCSO Act alongwith fine and default sentences.

2. It is contended that earlier after investigation, a negative

final report was submitted and thereafter on protest, cognizance

was taken. The learned trial Judge has not appreciated the

correct, legal and factual aspects of the matter and thus, reached

(2 of 3) [SOSA-333/2023]

at an erroneous conclusion of guilt, therefore, the same is

required to be appreciated again by this court being the first

appellate Court. He was on bail during trial and did not misuse the

liberty so granted to him; hearing of the appeal is likely to take

long time, therefore, the application for suspension of sentence

may be granted.

3. 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.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions advanced at bar, grounds raised in

the memo of appeal 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.

6. 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,

Jaisalmer in Sessions Case No.09/2022 against the appellant-

applicant Bharu Ram @ Kalu Ram S/o Jetha Ram 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 Rs.50,000/-with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

(3 of 3) [SOSA-333/2023]

court on 23.05.2023 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.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J 180-Pramod/-

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