Rajasthan High Court
Banwari Son Of Shambhu Lal vs State Of Rajasthan on 2 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 1354/2021
In
S.B. Criminal Appeal No. 2150/2021
Banwari Son Of Shambhu Lal, Resident Of Bhanwariya Kuwa,
Police Station Talera, District Bundi (Raj) (At Present In District
Jail Bundi)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. N.K. Sharma
For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
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 16.12.2021 passed by
learned District Judge, Special Court, POSCO Act, 2012 whereby
the accused appellant has been convicted for the offence
punishable under sections 376D IPC and has been sentenced to
maximum twenty years rigorous imprisonment along with fine of
Rs.50,000/- as well as for the offence punishable under Section
366, and 376(DA) of IPC.
Learned counsel for the appellant submits that prosecutrix,
PW-3-'M' as well as her parents have not supported the story of
the prosecution and turned hostile. There is no ocular or
documentary evidence for which it can be said that the same is
(2 of 3) [SOSA-1354/2021]
sufficient to bring on the guilt of the accused appellant. The
learned trial Court has acquitted the co-accused person Sonu from
all accusations. The appellant has also been acquitted from the
charge of offence under Section 376 DA however convicted for
charge under Section 376 D but no sufficient material is there to
prove the case beyond reasonable doubt.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
The appellant was on bail during trial and at present he is
confined in jail and has never misused the liberty granted to him
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 District Judge, Special Court,
POSCO Act, 2012, vide judgment dated 16.12.2021 in Sessions
Case No.41/2020 against the appellant-applicant Banwari Son Of
Shambhu Lal 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 03.02.2023 and
(3 of 3) [SOSA-1354/2021]
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.
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 /09
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