Rajasthan High Court - Jodhpur
Subhash vs State Of Rajasthan on 9 January, 2023
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1153/2022
Subhash S/o Chandiram, Aged About 27 Years, B/c Meghwal,
Resident Of Changoi, Tehsil Taranagar, District Churu (Raj.).
(Presently Lodged At District Jail, Churu).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vineet Jain, Senior Advocate
assisted by Mr. Rajeev Bishnoi
For Respondent(s) : Mr. B.R. Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
09/01/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned Sessions Judge, Sirohi, vide judgment
dated 06.03.2020 passed by learned Special Judge, POCSO Act
Cases, Churu in Sessions Case No.36/2018 (158/2017), whereby
the appellant-applicant has been sentenced as under:-
Offence U/s Sentence Fine Sentence in default of
payment of fine
363 I.P.C. 7 years R.I. 25,000/- 2 months' R.I.
366 I.P.C. 10 years' RI 25,000/- 2 months' R.I.
5/6 POCSO Life imprisonment 50,000/- 6 months' R.I.
Act
(2 of 4) [SOSA-1153/2022]
Learned counsel for the appellant-applicant has submitted
that the trial court though has more or less come to the conclusion
that the victim eloped with the appellant-applicant on her own free
will, but the only fact on which, the opinion of the trial court was
against the appellant, is that the victim was minor at the time of
incident. Learned counsel for the appellant-applicant has further
submitted that the trial court has placed reliance on the secondary
school certificate pertaining to the victim, wherein her date of
birth is mentioned as 17.08.2008, however, it is to be noted that
the victim was admitted in different schools since her birth and at
the time of recording her date of birth for the first time, no proof
regarding the same was furnished. It is also submitted that
initially the victim at any stage, has not levelled allegation of
assault against the appellant, but later on after around 6 days,
under the pressure of family members, has levelled the said
allegations. Learned counsel for the appellant-applicant has also
submitted that the appellant-applicant is in custody from the last
more than six years and the appeal filed by him is not likely to be
heard in near future.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Having heard learned counsel for the parties and after
scrutinizing the record and looking to the custody period of the
appellant, we consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, D.B. Suspension of Sentence (Appeal)
No.1153/2022 filed under Sec.389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the learned
(3 of 4) [SOSA-1153/2022]
Special Judge, POCSO Act Cases, Churu vide judgment dated
06.03.2020 in Sessions Case No.36/2018 against appellant
Subhash S/o Chandiram shall remain suspended till final disposal
of the aforesaid appeal, 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 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 appellant 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,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was 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-appellant does not appear before the trial court, the
(4 of 4) [SOSA-1153/2022]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
41-Babulal/-
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