Rajasthan High Court - Jodhpur
Mohan @ Mohan Bhagat vs State Of Rajasthan on 29 March, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 391/2022
Mohan @ Mohan Bhagat S/o Narna Ram, Aged About 38 Years,
Sammo Ki Dhani, Sedwa, P.s. And Teh. Sedwa, Dist. Barmer. (At
Present Lodged In Dist. Jail, Barmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kishan Lal Vishnoi
For Respondent(s) : Mr. Javed Gori, PP
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
10.03.2022 passed by learned Special Judge (Protection of
Children from Sexual Offence Cases), Balotra in Sessions Case
No.103/2018 whereby he was convicted and sentenced to suffer
maximum punishment of 20 years rigorous imprisonment along
with fine of Rs.50,000/- under Section 376(2)(N) IPC & 5(L)/6 of
POSCO Act and lesser punishment for the other offences under
Sections 363 & 366 of IPC.
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.
(2 of 3) [SOSA-391/2022]
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the representative of
accused-applicant for releasing the appellant on application for
suspension of sentence.
Heard and perused the material available on record.
After perusal of the statement of the victim recorded under
Section 164 of Cr.P.C. which is tendered into evidence and marked
as Exhibit P-14 as well as the other facts and circumstances of the
case and considering the submission that the hearing of the
appeal would likely to take sufficiently long time and upon
consideration of the grounds raised in the memo of the appeal,
looking to the totality of facts and circumstances of the case, more
particularly the fact that the hearing of appeal is likely to take
further more time and 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 present application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge
(Protection of Children from Sexual Offence Cases), Balotra vide
judgment dated 10.03.2022 in Sessions Case No.103/2018
against the appellant-applicant Mohan @ Mohan Bhagat S/o
Narna Ram, remain suspended till final disposal of the aforesaid
(3 of 3) [SOSA-391/2022]
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/- to the satisfaction of the learned trial court for
his/her/their appearance in this Court on 01.05.2023 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 changees the place of
residence, he will give in writing his changed
addresses to the trial Court as well as to the
counsel in the High Court.
3. Similarly, if the sureties change their addresses,
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
186-KashishS/-
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