Mohan vs State Of Rajasthan
2023 Latest Caselaw 3512 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 345/2023

in

S.B. Criminal appeal No.441/2023

Mohan S/o Shri Kuraji, age 48 years, R/o Surpur, Police Station Sadar Dungarpur, District Dungarpur

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Sanjay Mathur For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

24/04/2023

1. The instant application for suspension of sentence has been

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

29.03.2023 passed by the learned Special Judge, POCSO Act

Cases, Dungarpur in Sessions Case No.35/2021 whereby he was

convicted and sentenced to suffer rigorous imprisonment of 3

years alongwith a fine of Rs.5,00,000/- for the offence under

Section 67-A of the IT Act and rigorous imprisonment of 2 years'

alongwith a fine of Rs.2,00,000/- for the offence under Section 67

of the IT Act.

2. It is contended that the appellant has falsely been implicated

in the case. The alleged recoveries made by the Investigating

Agency do not disclose the source of the viral photographs/videos.

(2 of 3) [SOSA-345/2023]

The learned trial Judge has not appreciated the correct, legal and

factual aspects of the matter and thus, reached 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 substantive sentences as well as fine imposed

upon the appellant till disposal of the appeal.

6. Accordingly, the application for suspension of sentence filed

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

substantive sentence awarded as well as the fine imposed by

(3 of 3) [SOSA-345/2023]

learned Special Judge, POCSO Act Cases, Dungarpur in Sessions

Case No.35/2021 against the appellant-applicant Mohan S/o Kuraji

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 court on 25.05.2023 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.

(FARJAND ALI),J Pramod/-

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