Vishnu vs State Of Rajasthan
2023 Latest Caselaw 2607 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension of Sentence No.256/2023 In S.B. Criminal Appeal No. 124/2023

Vishnu S/o Ram Lal Jat, Aged About 24 Years, Bhavali (Naya Ghar), P.s. Fateh Nagar, Dist. Udaipur (Raj.). (Appellant Lodged At Central Jail Udaipur).

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


For Appellant(s)           :        Mr. Bhagat Dadhich
For Respondent(s)          :        Mr. Javed Gauri, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

29/03/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

21.01.2023 passed by the learned Special Court of POCSO Act,

2012 No.1 Udaipur in Sessions Case No.61/2020 (CIS

No.146/2020) whereby he was convicted and sentenced to suffer

imprisonment of 20 years under Section 6 of the POCSO Act.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the appeal is likely to take long time, therefore,

the application for suspension of sentence may be granted.

(2 of 3)

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard and perused the material available on record.

Learned counsel Shri Bhagat Dadhich submits that from the

circumstances appearing in this case, a safe inference of

consensual relationship between the parties can easily be drawn.

It is submitted that she joined the association of the appellant at

her own accord and travelled with him to various places and

stayed with him for long six months but nowhere any alarm was

raised. Thus, it can safely be held that she was agreeable with the

appellant. Serious dispute has been raised with regard to the age

proof of the victim which was required to be considered again by

this Court while hearing of the appeal. The appellant was on bail

during trial. The hearing of appeal is likely to take further more

time. Thus, considering the overall submissions 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

sentence passed by learned Special Court of POCSO Act, 2012

No.1 Udaipur who passed the impugned order dated 21.01.2023

in Sessions Case No.61/2020 (CIS No.146/2020) against the

(3 of 3)

appellant-applicant- Vishnu S/o Ram Lal Jat 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 28.04.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

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.

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 175-divya/-

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