Ravi Kumar S/O Israil vs State Of Rajasthan
2023 Latest Caselaw 447 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                               No.996/2022
                                       In
               S.B. Criminal Appeal No. 1559/2022

Ravi Kumar S/o Girraj, R/o Kishorepura, Police Station Sapotara,
District Karauli (Judicial Custody In Central Jail Bharatpur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s) : Mr. Vishwajeet Mantri, Adv. For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/01/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 16.06.2022 in

Sessions Case No.50/2019 passed by learned Special Court,

POCSO Act cases Sawai Madhopur whereby the accused appellant

has been convicted for the offence punishable under sections 363

of IPC and has been sentenced to maximum three years rigorous

imprisonment along with fine of Rs.5,000/- as well as under

Section 366A and has been sentenced to maximum five years

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

Learned counsel for the accused-appellant submits that the

case of the prosecution has not been found to be reliable that is

why the appellant has been acquitted from the accusation under

(2 of 3) [SOSA-996/2022]

the penal provisions of POCSO Act but in same set of allegations,

the learned trial Court has convicted the appellant under Sections

363 and 366A of IPC and sentenced him to 5 years rigorous

imprisonment out of which till date, he has undergone almost

three years of imprisonment.

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 Court, POCSO Act cases

Sawai Madhopur, vide judgment dated 16.06.2022 in Sessions

Case No.50/2019 against the appellant-applicant Ravi Kumar

S/o Girraj 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 15.02.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(3 of 3) [SOSA-996/2022]

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

Ashwani/-67

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