Sanjay Kumar @ Sanju vs State Of Rajasthan ...
2023 Latest Caselaw 9035 Raj

[2023:RJ-JD:37872]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1176/2023

Sanjay Kumar @ Sanju S/o Pappu Ram, Aged About 28 Years, Mandarpura, P.S. Khuiya, Dist. Hanumangarh. (At Present Lodged In Dist. Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. M.S. Soni Mr. Ashvini Kumar For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/11/2023

1. The complainant/victim has been informed by the office of

Government Advocate. Despite service, no one has appeared

on her behalf.

2. The report regarding service effected upon the complainant/

victim be taken on record.

3. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 14.07.2023 passed by learned Special Judge POCSO

Act Cases, Hanumangarh in Sessions Case No.19/2019 (CIS

No.19/2019) whereby the appellant was convicted and

sentenced to suffer maximum punishment of 20 years

rigorous imprisonment along with compensation fine of

Rs.50,000/- under Section 5 (l)/6 of the POCSO Act and

[2023:RJ-JD:37872] (2 of 4) [SOSA-1176/2023]

lesser punishment for the other offence punishable under

Section 363 and 366 of the IPC.

4. 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 the first appellate Court. Hearing of the

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

for suspension of sentence may be granted.

5. 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.

6. Heard learned counsel for the parties and perused the

material available on record.

7. A perusal of the statement of the victim revealing that the

victim had left her parents' home in the wee hours of

10.12.2018 whereafter one of the appellant Sanjay took her

on a motor cycle to a village Kumhar situated in the State of

Haryana. Thereafter, she went to Chandigarh and stayed for

10 days in a hotel named Motel Haryana until 27.12.2018.

When the police reached there and recovered her, no

complaint or hue and cry was raised by her. The colour

photograph Ex.D-1 to Ex.D-8 are available here on record

which is a candid proof of her willful submission with the

appellant yet no final finding is being given here as the same

may influence the course of hearing of the appeal. Looking to

the totality of facts and circumstances of the case, more

[2023:RJ-JD:37872] (3 of 4) [SOSA-1176/2023]

particularly the facts 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.

8. 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, Hanumangarh in Sessions Case No.19/2019 (CIS

No.19/2019) against the appellant-applicant Sanjay Kumar

@ Sanju S/o Pappu Ram 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 Court on 04.12.2023 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.

[2023:RJ-JD:37872] (4 of 4) [SOSA-1176/2023]

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 77-Ashutosh/-

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