Dharmpal S/O Ramswaroop vs State Of Rajasthan
2023 Latest Caselaw 6 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. Criminal Miscellaneous Suspension of Sentence Application
                              No. 1223/2022
                                        In
                  S.B. Criminal Appeal No. 1861/2022

Dharmpal S/o Ramswaroop, Aged About 30 Years, R/o Saurakha
Kala Tehsil Mundawar Police Station Tatarpur District Alwar
(Presently Confined In Central Jail Alwar)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s)          :     Mr. B.L. Bairwa
For Respondent(s)         :     Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

02/01/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 06.09.2022 passed by

learned Additional Session Judge, Mundawar whereby the accused

appellant has been convicted for the offence punishable under

sections 366 and 376 IPC and has been sentenced to maximum

seven years rigorous imprisonment along with fine of Rs.5,000/-.

Learned counsel for the accused-appellants submits that the

prosecutrix has levelled allegations of rape against the accused

appellant and one Lalaram but after conducting thorough

investigation, Lalaram has not been found involved and thus

exonerated and charge-sheet came to be submitted only against

(2 of 3) [SOSA-1223/2022]

the appellant. It is submitted that prosecution has miserably failed

to prove it's case beyond every shadow of reasonable doubt. The

major contradiction appearing in the story casts a serious doubt in

the genuineness of the allegations. He has been sentenced to

suffer seven years imprisonment out of which till date he has

served 4 years and 5 months.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

The accused-appellant was on bail during the trial and

presently 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 Additional Session Judge,

Mundawar, vide judgment dated 06.09.2022 in Sessions Case

No.111/2018 against the appellant-applicant Dharmpal S/o

Ramswaroop 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 03.02.2023 and

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

conditions indicated below:-

(3 of 3) [SOSA-1223/2022]

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.

(FARJAND ALI),J

PREETI VALECHA 41

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