Pawan Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 5822 Raj

[2023:RJ-JD:25568]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 862/2023

Pawan Kumar S/o Harpal, Aged About 28 Years, R/o Bhukarda Tehsil Nohar Dist. Hanumangarh (At Present Lodged In Sub Jail Nohar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. J.K. Suthar For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/08/2023

1. The instant application for suspension of sentence has been

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

20.07.2023 passed by the learned Additional Sessions Judge No.2,

Nohar, District Hanumangarh in Sessions Case No.30/2021

whereby he was convicted and sentenced to suffer maximum

imprisonment of 7 years for the offence under Section 376(2)(n)

of the IPC with lesser punishment for the offence under Section

506 of the IPC.

2. It is contended that 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. The appellant has available to him

strong grounds to assail the impugned judgment. Hearing of the

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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. I have gone through the statement of the victim recorded

under Section 164 of the CrPC, which has been tendered in

evidence as Ex.P/11 as well as her statement recorded during trial

as P.W.1, wherein she candidly admits in cross-examination that

she established physical relation with the appellant on first

occasion as per her own free will and volition and whereafter, she

made no complaint to her parents or police or even the hotel staff,

where she was subjected to rape. Any comments on the

credibility of her statement may adversely affect the hearing of

the appeal, yet considering the over all facts and circumstances of

the case, 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 Additional Sessions Judge No.2,

Nohar, District Hanumangarh vide order dated 20.07.2023 in

Sessions Case No.30/2021 against the appellant-applicant Pawan

Kumar S/o Harpal 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

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sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 15.09.2023 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 246-Pramod/-

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