Ratan Lal vs State Of Rajasthan ...
2023 Latest Caselaw 8912 Raj

[2023:RJ-JD:37117]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 707/2023

Ratan Lal S/o Shri Vagta, Aged About 22 Years, R/o Bhil Basti Machind Ps Khamnor Dist. Rajsamand Lodged In Dist. Jail Rajsamand

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

----Respondent

For Petitioner : Mr. Rakesh Arora For Respondent : Mr. A.R. Choudhary, P.P.

For Complainant            :     Mr. Piyush Choudhary



                HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

01/11/2023

1. The instant application for suspension of sentence has been

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

23.06.2023 passed by the learned Special Judge, POCSO Act,

2012 & Commissions of Protection of Child Rights Act, 2005 in

Sessions Case No.25/2021 (CIS No.25/2021) whereby he was

convicted and sentenced to suffer twenty years' rigorous

imprisonment under Section 376(3) 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

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

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

further submits that the parties have entered into compromise

[2023:RJ-JD:37117] (2 of 3) [SOSA-707/2023]

and have settled the dispute amicably. He further submits that the

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

application for suspension of sentence may be granted.

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 more particularly the fact that the parties have

entered into compromise and settled the dispute amicably and

learned counsel for the complainant has no objection in this

regard. Thus, looking to the totality of facts and circumstances of

the case as well as 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.

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 learned Special Judge, POCSO Act,

2012 & Commissions of Protection of Child Rights Act, 2005 who

passed the impugned order dated 23.06.2023 in Sessions Case

No.25/2021 (CIS No.25/2021) against the appellant-applicant-

Ratan Lal S/o Shri Vagta 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/-

[2023:RJ-JD:37117] (3 of 3) [SOSA-707/2023]

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 01.12.2023

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.

7. 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 133-Mamta/-

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