Rajasthan High Court - Jodhpur
Bhagwana Ram vs State Of Rajasthan ... on 13 February, 2023
Bench: Praveer Bhatnagar
[2023/RJJD/005157]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.120/2023
In
S.B. Criminal Appeal No. 188/2023
Bhagwana Ram S/o Shri Surja Ram, Aged About 27 Years, R/o
Palvas Bhillal, P.s. Chitawa, District Nagaur. (At Present Lodged
In District Jail, Nagaur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
13/02/2023
Admit.
Call for record.
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the accused-appellant, who has been convicted and
sentenced by the learned Special Judge, (POCSO Act Cases) No.1,
Merta, vide judgment dated 03.02.2023 in Sessions Case
No.66/2019. The accused-appellant has been sentenced as
under :-
Offence U/s Sentence Fine Sentence
in Default of
Payment of
Fine
[2023/RJJD/005157] (2 of 3) [CRLAS-188/2023]
354 IPC 5 Years' R.I. Rs.5,000/- 3 Months S.I.
457 IPC 5 Years' R.I. Rs.5,000/- 3 Months S.I.
7/8 POCSO Act 5 Years' R.I. Rs.5,000/- 3 Months' S.I.
Learned counsel for the accused-appellant submitted that the
trial Court has grossly erred in convicting and sentencing the
accused-appellant vide judgment dated 03.02.2023. It is
submitted that as a matter of fact, during the trial, the appellant
was on bail and he has not violated the conditions of bail. Counsel
further submited that the appellant has falsely been indulged in
this matter. It is also submitted that final hearing of the appeal is
likely to take time, thus, prayed that the sentence awarded to the
accused-appellant by the trial court may be suspended.
Per contra, learned Public Prosecutor opposed the application
for suspension of sentence.
Having heard learned counsel for the parties; after carefully
scrutinizing the record of the case and taking into consideration
facts and circumstances of the case, this Court is inclined to
suspend the sentence awarded to the accused-appellant by the
trial court vide judgment impugned.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge,
(POCSO Act Cases) No.1, Merta, vide judgment dated 03.02.2023
in Sessions Case No.66/2019 against accused-appellant Bhagwana
Ram S/o Shri Surja Ram, shall remain suspended till final disposal
of the aforesaid appeal provided he executes a personal bond in
[2023/RJJD/005157] (3 of 3) [CRLAS-188/2023]
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 16.03.2023 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 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.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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 purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(PRAVEER BHATNAGAR),J
12-raksha/-
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