Rajasthan High Court
Kajodmal Bairwa @ Kamal Bairwa Son ... vs State Of Rajasthan on 24 February, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
405/2023
In
S.B. Criminal Appeal No. 372/2023
Kajodmal Bairwa @ Kamal Bairwa Son Of Shri Babulal Bairwa,
Aged About 27 Years, R/o House No. 75, Kailashpuri Colony,
Rampura Road, Police Station Muhana Jaipur (Appellant Are In
Central Jail Jaipur)
----Appellant
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Appellant(s) : Mr. Lal Chand, relative of the
appellant
For Respondent(s) : Mr. Laxman Meena, PP
Ms. Saloni Bairwa, for complainant
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/02/2023
Lawyers are abstaining from appearing before this Court.
Heard relative of the appellant and learned Public Prosecutor
on the application for suspension of sentence and perused the
judgment impugned dated 14.02.2023 passed by learned Special
Judge, POCSO Act, 2012, No.2, Jaipur Metro-I whereby the
accused appellant has been convicted for the offence punishable
under sections 5/6 of POCSO Act and has been sentenced to
maximum twenty years rigorous imprisonment along with fine of
Rs. 20,000/-.
(2 of 3) [SOSA-405/2023]
The victim is present in the Court and she with utmost
confidence and maintaining composure stated that she got
married with the appellant and the statement before the trial was
made by her under the pressure.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars and the hearing of
appeal is likely to take further more time, therefore, considering
the overall submissions 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.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, POCSO Act, 2012,
No.2, Jaipur Metro-I, vide judgment dated 14.2.2023 in Sessions
Case No.4/2022 against the appellant-applicant Kajodmal Bairwa
@ Kamal Bairwa Son Of Shri Babulal Bairwa 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 their appearance in this
court on 03.04.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(3 of 3) [SOSA-405/2023]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicants were 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 applicants 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
PREETI VALECHA /53
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