Ramesh vs State Of Rajasthan
2023 Latest Caselaw 4334 Raj

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

438/2023

In

S.B. Criminal Appeal No. 547/2023

1. Ramesh S/o Sh. Khemji, Aged About 42 Years, Khemaru, P.s. Sadar, Dungarpur, Dist. Dungarpur.

2. Ms. Ranja D/o Sh. Ramesh, Aged About 22 Years, Khemaru, P.s. Sadar, Dungarpur, Dist. Dungarpur.

----Appellants Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Manoj Kumar Pareek For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

09/05/2023

1. The instant application for suspension of sentence has been

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

27.04.2023 passed by the learned Special Court, POCSO Act,

2012 and Commission for Protection of Child Rights Act, 2005,

Dungarpur in Sessions Case No.48/2020 whereby they were

convicted and sentenced to suffer maximum imprisonment of

three years' rigorous imprisonment under Sections 16/17 of

POCSO Act and under Section 366A of IPC along with fine and

default sentences.

2. It is contended on behalf of the applicants that the learned

trial Judge has not appreciated the correct, legal and factual

(2 of 3) [SOSA-438/2023]

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.

They were on bail during trial and did not misuse the liberty so

granted to them; 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 on behalf of the accused-applicants for

releasing the appellants on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellants

were on bail during the course of trial and 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-appellants.

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 Court, POCSO Act, 2012 and

Commission for Protection of Child Rights Act, 2005, Dungarpur

(3 of 3) [SOSA-438/2023]

who passed the impugned order dated 27.04.2023 in Sessions

Case No. 48/2020 against the appellant-applicants- Ramesh S/o

Sh. Khemji and Ms. Ranja D/o Sh. Ramesh shall remain

suspended till final disposal of the aforesaid appeal and they shall

be released on bail provided each of them execute 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 their

appearance in this court on 09.06.2023 and whenever ordered to

do so till the disposal of the appeal on the conditions indicated

below:-

(1.) That they will appear before the trial Court in the month of January of every year till the appeal is decided.

(2.) That if the applicants change the place of residence, they will give in writing their 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.

(FARJAND ALI),J 9-divya/-

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