Rajasthan High Court
Suneel Yadav S/O Shri Ramswaroop ... vs State Of Rajasthan on 27 February, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
1627/2022
In
S.B. Criminal Appeal No. 2496/2022
Suneel Yadav S/o Shri Ramswaroop Yadav, Aged About 21 Years,
R/o Ward No. 17, Badhal Police Station Renval, District Jaipur.
( At Present Confined In Central Jail Jaipur.)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ramswaroop, father of the
appellant
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/02/2023
Lawyers are abstaining from appearance before the Court.
Heard father of the appellant and learned Public Prosecutor
on the application for suspension of sentence and perused the
judgment impugned dated 10.10.2022 passed by learned Special
Judge of POCSO Act, Jaipur whereby the accused appellant has
been convicted and sentenced to suffer maximum punishment of
twenty years rigorous imprisonment with fine of Rs. 1 lac under
Section 5(L)/6 of POCSO Act.
A perusal of the statement of PW-1 the victim manifestly
indicating that she was a consenting party and eloped with him.
The document Ex.-P11 is the admission form of Baghasara Bal
(2 of 3) [SOSA-1627/2022]
Mandir Senior Secondary School, Jobner where the girl got
admission in Class 10th and the date of birth was shown to be
19.10.2003. The transfer certificate Ex. P12 reveals that the girl
got admission first time in the Smt. Ratan Devi Girls Upper
Primary School, Sambhar Lake on 04.07.2015. No record is there
regarding previous studies.There is other material also on the
basis of which the dispute raised by the appellant regarding the
age of the victim deserves to be considered and the same can only
be considered on the final hearing of the appeal. The appellant is a
boy of 20 years, thus considering the plea that the appellant has a
strong arguable case in his favor, this Court deems it appropriate
to allow the application for suspension of sentence.
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 of POCSO Act,
Jaipur, vide judgment dated 10.10.2022 in Sessions Case
No.07/2021 against the appellant-applicant Suneel Yadav S/o Shri
Ramswaroop Yadav 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
(3 of 3) [SOSA-1627/2022]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance in this court on 06.04.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
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 /30
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