Rajasthan High Court - Jodhpur
Bhupendra @ Bhopa Angari vs State Of Rajasthan ... on 14 August, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023:RJ-JD:25619-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 164/2023
Bhupendra @ Bhopa Angari S/o Sh. Khuma Ram Angari, Aged
About 22 Years, Hundla, P.s. Panarva, Dist. Udaipur (Raj.).
(Confined In Central Jail, Udaipur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Chaman S/o Hona Damor, Sundala, P.s. Panarva, Dist.
Udaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Jagatveer Singh Deora
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with
Mr. Rajat Chhaparwal.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
14/08/2023
1. Heard learned counsel for the parties on the application for
suspension of sentence.
2. Learned counsel for the appellant-applicant has submitted
that the trial court has grossly erred in convicting and sentencing
the appellant-applicant vide impugned judgment.
3. It is submitted that the prosecution has failed to prove the
charges levelled against the appellant-applicant with cogent and
reliable evidence. It is further submitted that complaint in respect
of the alleged offences was lodged with a delay of 13 days and no
satisfactory explanation for the same has been provided.
[2023:RJ-JD:25619-DB] (2 of 4) [SOSA-164/2023]
4. Learned counsel has argued that though, as per the
statement of Maganlal (PW-6) and Prabhu Lal (PW-7), they
informed father of the victim about the incident and have also
disclosed identity of the appellant-applicant on the very same day
of the alleged incident, but the FIR has been lodged with a delay
of 13 days, which itself is sufficient to assume that the appellant-
applicant was not involved in the commission of crime and he has
falsely been implicated in this case. It is argued that from the
evidence of victim PW-1, it cannot be concluded that the appellant
had sexually assaulted her. Learned counsel for the appellant-
applicant while drawing attention of this Court towards the
statement of PW-4 - father of the victim has submitted that he
has admitted that as the appellant-applicant did not agree to pay
amount of Rs.50,000/-, he has filed this case.
5. Learned counsel for the appellant-applicant has further
submitted that the appellant-applicant is in custody since
01.12.2016 and there is every likelihood that hearing of the
appeal preferred on his behalf is likely to take time. It is, thus,
prayed that the sentence awarded to the appellant-applicant by
the trial court may be suspended.
6. Learned GA-cum-AAG has opposed the instant application for
suspension of sentence.
7. Having considered the totality of facts and circumstances of
the case, without expressing any opinion on the merits of the
case, we consider it just and proper to suspend the substantive
sentences awarded to the appellant-applicant.
8. Accordingly, this application for suspension of sentence filed
[2023:RJ-JD:25619-DB] (3 of 4) [SOSA-164/2023]
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Special Judge, POCSO Act Cases, No.2,
Udaipur vide judgment dated 21.05.2019 in Sessions Case
No.06/2018 against appellant-applicant - Bhupendra @ Bhopa
Angari S/o Sh. Khuma Ram Angari shall remain suspended till
final disposal of the appeal, 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 21.09.2023 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-appellant 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,
they will give in writing their changed address to
the trial Court.
9. The learned trial Court shall keep the record of attendance of
the accused-applicant-appellant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant-appellant 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
[2023:RJ-JD:25619-DB] (4 of 4) [SOSA-164/2023]
purpose relating to pendency and disposal of cases in the trial
court. In case the said accused-applicant-appellant does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J
45-Nitin/-
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