Rajasthan High Court
Pradeep Vishwas S/O Late Sh. ... vs State Of Rajasthan on 9 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
1492/2022
In
S.B. Criminal Appeal No. 2287/2022
Pradeep Vishwas S/o Late Sh. Kalipad Vishwas, Aged About 48
Years, Presently Residing At Plot No. 178 B, Jagannathpuri,
Jhotwara Jaipur (At Present In Judicial Custody At Central Jail
Jaipur)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. G.P. Sharma
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 04.11.2022 passed by
Presiding Officer of the Court of Special Judge, POCSO Act, 2012,
No.2, Jaipur Metro-II whereby the accused appellant has been
convicted for the offence punishable under sections 370(5) of the
IPC and Section 23 and 26 of Juvenile Justice (Protection and care
of Children) 2000 and has been sentenced to maximum fourteen
years rigorous imprisonment along with fine of Rs.50,000/- and
defaulting in fine simple imprisonment of three months in addition
under Section 370(5) IPC, six months SI and fine of Rs. 2000/-
and defaulting in fine SI of seven days under Section 23 of
(2 of 3) [SOSA-1492/2022]
Juvenile Justice Act and SI of one year and fine of Rs. 5000/- and
defaulting in dine SI of 15 days under Section 26 of JJ Act.
Learned counsel for the accused-appellant submits that the
trial court has grossly erred in convicting and sentencing the
accused-appellant and raised serious questions over the mis-
appreciation of evidence done by the learned Trial Court. It is also
argued that prima facie no offence under Section 370 IPC is made
out.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The accused-appellant is presently 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 Presiding Officer of the Court of
Special Judge, POCSO Act, 2012, No.2, Jaipur Metro-II, vide
judgment dated 04.11.2022 in Sessions Case No. 56/2020 against
the appellant-applicant Pradeep Vishwas S/o Late Sh. Kalipad
Vishwas 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 10.02.2023 and whenever
(3 of 3) [SOSA-1492/2022]
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 /193
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