Mukesh Prajapat vs State Of Rajasthan
2023 Latest Caselaw 3896 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.415/2023

in

S.B. Criminal Appeal No. 443/2023

Mukesh Prajapat S/o Sh. Rooparam, Aged About 25 Years, Village Nevra, P.s. Mathania, Jodhpur.

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Chuna Ram S/o Sh. Durga Ram, B/c Jat, R/o Nevra Road, Mathania, Dist. Jodhpur.

----Respondents

For Appellant(s) : Mr. Gajendra Panwar For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/05/2023

1. The instant application for suspension of sentence has been

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

29.03.2023 passed by the learned Special Judge, POCSO Act

Cases, Jodhpur Metro in Sessions Case No.31/2019 whereby he

was convicted and sentenced to suffer imprisonment of 3 years

each for the offences under Sections 457 of the IPC and 7/8 of the

POCSO Act alongwith fine and default sentences.

2. It is contended 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

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the first appellate Court. The appellant was on bail during trial and

did not misuse the liberty so granted to him; his sentence has

been temporarily suspended by the trial court; hearing of the

appeal is likely to take long time, therefore, the application for

suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the accused-

applicant for releasing the appellant on application for suspension

of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions advanced at bar, grounds raised in

the memo of appeal 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.

6. 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 Judge, POCSO Act Cases,

Jodhpur Metro in Sessions Case No.31/2019 against the appellant-

applicant Mukesh Prajapat S/o Rooparam 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

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court on 01.06.2023 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.

(FARJAND ALI),J 175-Pramod/-

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