Rajasthan High Court - Jodhpur
Smt, Sonu Agrawal vs State Of Rajasthan ... on 1 March, 2023
Bench: Farjand Ali
[2023/RJJD/006129]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 299/2022
Smt, Sonu Agrawal W/o Late Shri Anil @ Bablu, Aged About 35
Years, R/o Ward No. 40, Sureshiya, Hanumangarh Junction, Dist.
Hanumangarh. (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Tammana, Present-in-Person
Mr. Aryan, Present-in-Person
For Respondent(s) : Mr. Gourav Singh, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/03/2023
Ms. Tammana and Mr. Aryan, the daughter and son of the
appellant Sonu are present-in-person before this Court. They
stated that their mother is behind the bars for last around six
years and there is no other person to take care of them. They are
living a life of orphan.
I have gone through the grounds raised in the memo of
appeal and perused the record. It is not disputed that the
appellant is behind the bars for last more than five years.
A careful scrutiny of the record of the case reveals that the
main allegation of procurement of girl for the purpose of
prostitution is against Golu, Nisha and Manju Agarwal.
As per the allegations levelled by the victim, it was accused
Manju Agarwal who subjected her to cruelty and gave her two
[2023/RJJD/006129] (2 of 3) [SOSA-299/2022]
tablets, as a consequence of which, she went in an inebriated
condition and thereafter, she was subjected to rape.
In this background and considering the overall facts and
circumstances of the case, this court is of the view that it is a fit
case for grant of indulgence of bail to the appellant-applicant by
suspending the sentence awarded to her by the trial court during
the pendency of the appeal.
Accordingly, the application for suspension of sentences
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, POCSO Act Cases,
Hanumangarh vide judgment dated 27.10.2021 in Sessions Case
No.44/2018 against the appellant-applicant Smt Sonu Agrawal
W/o Lt. Shri Anil @ Bablu shall remain suspended till final disposal
of the aforesaid appeal and she shall be released on bail, provided
she 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 her appearance in this court on 05.04.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That she 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, she will give in writing her 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 in a separate file. Such file be
[2023/RJJD/006129] (3 of 3) [SOSA-299/2022]
registered as Criminal Misc. Case related to original case in which
the accused-applicant was 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 applicant 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
134-divya/-
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