Bhanupratap S/O Ramvaran vs State Of Rajasthan
2023 Latest Caselaw 104 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. Cr. Misc. Suspension of Sentence Application No.1389/2022

                                       IN

               S.B. Criminal Appeal No. 2125/2022

Bhanupratap S/o Ramvaran, Resident Of Karka Kherli P.s. Diholi
At Present Sector No. 3, Housing Board Colony, Dholpur Thana
Kotwali Dholpur (Raj) (Accused Confined In Jail Dholpur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s)         :     Mr. R.R. Baisla
For Respondent(s)        :     Mr. Sher Singh Mahala, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

04/01/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 11.10.2022 passed by

Special Judge, POCSO Act cases, 2012 and Child Rights Protection

Commission Act, 2005, Dholpur in Sessions Case No.18/2020 (CIS

No.18/2002) whereby the accused-appellant has been convicted

for the offence punishable under Section 7/8 of the POCSO Act

and has been sentenced with maximum of 5 years rigorous

imprisonment along with fine of Rs. 10,000/-.

Learned counsel for the accused-appellant submits that

owing to some discord in between the parties, a false case has

been lodged. After trial, offence under Sections 376/511 has not

(2 of 3) [SOSA-1389/2022]

been found proved against appellant. It can be inferred that some

exaggeration has been made by the prosecution with a view to

aggravate the nature of offence. He submits that the matter

requires reappreciation of evidence in appeal. The High Court,

being the first appellate Court, ought to appreciate evidence again

after conviction. He was on bail during trial but never misused the

liberty granted in his favour. Hearing of appeal is likely to take

time. Therefore, the application for suspension of sentence may

be granted.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellant.

Considering the overall submissions of the parties 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

sentence passed by the learned Special Judge, POCSO Act cases,

2012 and Child Rights Protection Commission Act, 2005, Dholpur

vide judgment dated 11.10.2022 in Sessions Case No.18/2020

(CIS No.18/2002) against the appellant-applicant- Bhanupratap

S/o Ramvaran 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

(3 of 3) [SOSA-1389/2022]

Judge for his appearance in this court on 13.02.2023 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 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(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

Keshav/55

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