Ganga Ram vs State Of Rajasthan
2023 Latest Caselaw 5010 Raj

[2023/RJJD/016492]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.503/2023

In

S.B. Criminal Appeal No. 762/2023

Ganga Ram S/o Sh. Kewa, Aged About 30 Years, Naka Fala Sarsiya, P.s. Javarmines, Dist. Udaipur.

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

----Respondent

For Appellant(s) : Mr. Deepak Choudhary For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/05/2023

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,

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

No.2, Udaipur in Sessions Case No.07/2021 whereby he was

convicted and sentenced to suffer maximum imprisonment of

three years' rigorous imprisonment along with a fine of Rs.2,000/-

under Section 354 B of IPC and lesser punishment for the other

offences under Sections 323 and 341 of IPC.

2. 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

[2023/RJJD/016492] (2 of 3)

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

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

is on bail. 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-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 of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the fact that 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.

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, 2012 and

Commission for Protection of Child Rights Act, 2005, No.2,

Udaipur who passed the impugned order dated 29.03.2023 in

Sessions Case No. 07/2021 against the appellant-applicant-

Ganga Ram S/o Sh. Kewa shall remain suspended till final

[2023/RJJD/016492] (3 of 3)

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 19.06.2023

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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 234-Ashutosh/-

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