Sonu Raj Yadav Son Of Shri Mahesh ... vs State Of Rajasthan
2023 Latest Caselaw 2467 Raj/2

[2023/RJJP/003479]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Suspension of Sentence Application No. 362/2023

                                        in

                     S. B. Cr. Appeal No. 319/2023

Sonu Raj Yadav Son Of Shri Mahesh Yadav, Resident Of Sasaram
Police Station Madal, District Rotas Bihar At Present Kanuj
Dalmiya Ki Factory Goner Mod, Sitapura Police Station Sanganer
Sadar Jaipur (Rajasthan) (At Present In Central Jail Jaipur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Ms. Pooja Chandel wife of the appellant present in person For Respondent(s) : Mr. Arvind Kumar, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/02/2023

Lawyers are abstaining from appearing before the Court.

Heard learned Public Prosecutor on the application for

suspension of sentence and perused the judgment impugned

dated 14.11.2022 passed by learned Special Judge, POCSO Act

No.1, Jaipur Metropolitan-I, whereby the accused appellant has

been convicted and sentenced to suffer maximum punishment of

20 years rigorous imprisonment with fine of Rs.30,000/ under

Section 5(L)/(6) and 3/4 (2) of POCSO Act and lesser punishment

for other offence under Section 363, 366 of IPC.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

[2023/RJJP/003479] (2 of 3) [S0SA-362/2023]

Today none other than the victim herself is present in person

before this Court. She has been identified by learned PP by seeing

her documents. She implores for the bail of the appellant. Ex. P/5

is the statement recorded under Section 164 Cr.P.C., where she

had stated that she was in love with the appellant and wanted to

live with him. She reiterated before this Court that she is in love

with the appellant. She got married with him and she is now

pregnant of having pregnancy of 6 months.

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.

Upon consideration of the grounds in the memo of appeal

and after hearing the victim, I deem it appropriate to allow the

application for suspension of sentence and hearing of the appeal

would take long time.

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 No.1,

Jaipur Metropolitan-I, vide judgment dated 14.11.2022 in Sessions

Case No.27/2021 against the appellant-applicant- Sonu Raj Yadav

Son Of Shri Mahesh 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/-

[2023/RJJP/003479] (3 of 3) [S0SA-362/2023]

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 28.03.2023

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

Pcg/99

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