Bhanwar Lal vs State Of Rajasthan
2023 Latest Caselaw 2071 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. for Suspension of Sentence Application No.177/2023 IN S.B. Criminal Appeal No. 247/2023 Bhanwar Lal S/o Sh. Govind Ram, Aged About 87 Years, Borawad, P.s. Makarana, Dist. Nagaur. (At Present Lodged In Sub Jail, Parbatsar).

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Madhusudan Singh Rajpurohit, Deepender Rajpurohit, Present-in-

Person For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/03/2023

Mr. Madhusudan Singh Rajpurohit and Deepender Rajpurohit,

grand-son of appellant Bhanwar Lal are present in person before

this Court.

The instant application for suspension of sentence under

Section 389 Cr.P.C. has been preferred on behalf of the appellant/

applicant Bhanwar Lal S/o Sh. Govind Ram, who has been

convicted and sentenced for the offence under Section 376 IPC

and sentenced with maximum of 10 years rigorous imprisonment

along with fine of Rs.1,00,000/-.

Mr. Madhusudan Singh Rajpurohit, grand son of the appellant

submits that the applicant/appellant has been sentenced for 10

years rigorous imprisonment for the offence under Section 376

(SOSA-177/2023)

IPC and presently he is in custody. He further submits that the

disposal of the appeal will consume time, therefore, sentences

awarded to him may be suspended. He further submits that a

patently false case has been foisted against the appellant with an

ulterior object to chastise the appellant and to teach him a lesson

because he was interferring in the matrimonial dispute of the

complainant and her maternal relatives. He contends that there

was no reason for the complainant to visit to the place of the

appellant that too all alone. The prosecutrix is a grown up married

lady and she knows the outcome of the allegations but there is an

inordinate dealy in lodging the FIR. Undisputedly the FIR in this

matter came to be lodged after a long delay of seven months and

it is alleged that after fornication, she got conceived and later,

with a view to terminate the pregnancy some medications were

taken by her, he, thus, submits that keeping mum for a long

without there being any threat or coercion casts a serious doubt

over the veracity of her statement. He further submits that the

investigation was carried out by a superior police officer but after

conducting thorough investigation, a negative final report was

chalked down and submitted, however, when the protest was

made by the complainant, vide order dated 21.02.2006, the

learned Magistrate took cognizance of the offence and issued

warrant of arrest against him, and thus, he was booked and tried.

He submits that for long 10 years, he remained on bail but the

misuse of the same was never reported or complained of and as

such this act can very well be traced from the record which

reflects that the prosecutrix got examined in the trial in a peaceful

atmosphere and, therefore, granting bail to him during the

(SOSA-177/2023)

pendency of the appeal will not otherwise hamper the course of

justice. The hearing of appeal will take a considerably long time.

Per contra, learned Additional Advocate General vehemently

opposed the grant of bail.

Smt. Mamta and her mother Magan Kawar are present in

person before this Court, they vehemently and fermently opposed

the submissions made at the behest of the appellant and submit

that since the appellant has committed a serious offence for which

he has been convicted by the trial court, therefore, no interference

is required by this Court.

Heard representative of the applicant and learned Public

Prosecutor and perused the material available on record.

Upon consideration of the grounds made on behalf of the

appellant, learned Public Proseuctor and the complainant and her

mother, this Court deems it proper to allow the suspension of

Sentence.

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 R.H.J.S., learned Additional Session

Judge, Makarana, District Nagaur vide judgment dated 21.02.2023

in Sessions Case No.13/2011 against the appellant-applicant

Bhanwar Lal S/o Shri Govind ram, 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/-

(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/-

(Rupees: Twenty Five Thosuand Only) to the satisfaction of the

learned trial court for his 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:-

(SOSA-177/2023)

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

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 5-KashishS/-

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