Rajasthan High Court - Jodhpur
Pramod Kumar vs State Of Rajasthan ... on 6 November, 2023
Bench: Vijay Bishnoi, Madan Gopal Vyas
[2023:RJ-JD:38158-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 781/2023
Pramod Kumar S/o Raghuveer Singh Jat, Aged About 33 Years,
R/o Roop Pura (Chuna Ka Baas), Tehsil Surajgarh, District
Jhunjhunu (Raj.)
(At present lodged in District Jail, Churu)
----Applicant
Versus
1. State Of Rajasthan, Through P.P.
2. Kavita D/o Dharamveer, R/o V.P.O. Nawa Police Station,
Hamirwas, Tehsil Rajgar, District Churu (Raj.)
----Respondent
For Applicant : Mr. Devendra Mehlana
For Respondent No.1 : Mr. B.R. Bishnoi, Public Prosecutor
For Respondent No.2 : Mr. Rakesh Matoria
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/11/2023
This suspension of sentence application has been preferred
on behalf of the applicant-appellant, who has been convicted and
sentenced by the Special Judge, POCSO Act Cases, Churu in
Sessions Case No.60/20148 (22/2016) vide judgment dated
30.05.2019 The applicant-applicant has been sentenced as
under :-
Offences Sentence Fine Sentence (in default
U/S (In Rs.) of payment of fine)
376-D IPC Life 1,00,000/- 1 Year's Additional
Imprisonment Imprisonment
[2023:RJ-JD:38158-DB] (2 of 4) [SOSA-781/2023]
Learned counsel for the applicant-appellant has submitted
that the allegation of sexual assault was levelled against the
applicant-appellant as well as against one juvenile, however, as
the victim and her family members have not supported the
prosecution story and turned hostile, the Juvenile Court has
acquitted the accused juvenile. Learned counsel for the applicant-
appellant has also submitted that from the above fact, it is clear
that that applicant-appellant has falsely been implicated in this
case. It is further submitted that the applicant-appellant is in
custody since more than 9 years and there is no chance that the
appeal filed by him will be decided in near future.
Learned Public Prosecutor appearing for respondent No.1 as
well as learned counsel appearing for respondent No.2 have
opposed the prayer of the applicant-appellant for suspending his
sentence.
Learned Public Prosecutor has argued that the earlier
suspension of sentence application of the applicant-appellant was
dismissed by this Court on 06.11.2019 as not pressed and after
that there is no change in the circumstances, however, admitted
that as the victim and her parents have not supported the
prosecution story and turned hostile, the accused-juvenile has
been acquitted by the Juvenile Court.
Heard learned counsel for the parties on suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case and taking into consideration the custody period of the
[2023:RJ-JD:38158-DB] (3 of 4) [SOSA-781/2023]
applicant-appellant, we consider it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, this suspension of sentence application filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the Special Judge, POCSO Act
Cases, Churu vide judgment dated 30.05.2019 in Sessions Case
No.60/20148 (22/2016) against applicant-appellant - Pramod
Kumar S/o Raghuveer Singh Jat shall remain suspended till
final disposal of the appeal filed by him, 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 11.12.2023 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-appellant 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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused applicant-appellant in a separate file. Such file be
[2023:RJ-JD:38158-DB] (4 of 4) [SOSA-781/2023]
registered as Criminal Misc. Case related to original case in which
the accused applicant-appellant 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-appellant does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.21
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