Rajasthan High Court
Jagdish Prasad Son Of Shri ... vs State Of Rajasthan on 10 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
52/2023
In
S.B. Criminal Appeal No. 47/2023
Jagdish Prasad Son Of Shri Hariprasad, Aged About 33 Years,
R/o Village Chhipdada P.s. Digod Kota Rural
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. A.K. Khan
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 22.12.2022 passed by
learned Special Judge, POCSO Act No.3, Kota whereby the
accused appellant has been convicted for the offence punishable
under sections 341 and 323 IPC and has been sentenced to
maximum one year simple imprisonment along with fine of Rs.
1000/- and in default of payment of fine, he shall further undergo
ten days SI.
Learned counsel for the accused-appellant submits that a
false case has been foisted against him. Learned counsel submits
that the sentence has already been suspended by the learned trial
Court by exercising power under Section 389(3) of Cr.P.C. The
accused-appellant was on bail during trial. He is willing and ready
(2 of 3) [SOSA-52/2023]
to furnish bail bonds for his release. Therefore, the application for
suspension of sentence may kindly be granted and the sentence
awarded may be suspended.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
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, POCSO Act No.3,
Kota, vide judgment dated 22.12.2022 in Sessions Case No.
20/2021 against the appellant-applicants Jagdish Prasad Son Of
Shri Hariprasad 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 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/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
(3 of 3) [SOSA-52/2023]
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.
(FARJAND ALI),J
PREETI VALECHA /73
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