Rajasthan High Court
Amandeep S/O Shri Vedpal 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.
1641/2022
In
S.B. Criminal Appeal No. 2521/2022
Amandeep S/o Shri Vedpal, Aged About 28 Years, R/o Roopana
Khurd, Police Station Nathusari Chopati, District Sirsa (Hariyana)
(At Present Serving The Sentence At Central Jail, Alwar
(Rajasthan)
----Appellant
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Appellant(s) : Mr. Bharat Yadav
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 17.11.2022 passed by
learned Special Judge, POCSO Act, 2012, No.1, Alwar whereby the
accused appellant has been convicted for the offence punishable
under sections 376(3) IPC and has been sentenced to maximum
twenty years rigorous imprisonment along with fine of Rs.
20,000/- and in default of payment of fine, he shall further
undergo three months additional RI.
Learned counsel for the accused-appellant submits that the
prosecutrix and her parents have not supported the case rather
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they have turned hostile. Learned trial court, on the basis of false
assumption that they had been won over by the defence,
convicted the accused appellant on the basis of scientific expert
report. Learned counsel further submits that neither the report is
a sacrosanct piece of evidence nor the possibility of defect and
error in collecting the samples be ruled out. The trial would take
long time to conclude. Therefore, the application for suspension of
sentence may be granted.
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, 2012,
No.1, Alwar, vide judgment dated 17.11.2022 in Sessions Case
No. 68/2021 against the appellant-applicant Amandeep S/o Shri
Vedpal 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 13.02.2023 and whenever
(3 of 3) [SOSA-1641/2022]
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 /68
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