Rajasthan High Court - Jodhpur
Immamudin vs State Of Rajasthan-State ... on 30 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:36631]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. IInd Suspension Of Sentence Application
(Appeal) No. 883/2023
Immamudin S/o Kamrudin Neelgar Musalman, Aged About 45
Years, R/o Kaniya P.S. Gulabpura, District Bhilwara.
(The Appellant/convict Presently Lodged At The Central Jail,
Ajmer).
----Petitioner
Versus
1. State Of Rajasthan-State, Through Pp At Jodhpur.
2. J S/o Mahaveer Swami, Through Natural Guardian Father
Mahaveer Swami S/o Gopi Bhambi Occupation Mazduri
R/o Kaniya P.S. Gulabpura, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Vikram Choudhary
For Respondent(s) : Mr. S.K. Bhati, PP
Mr. Naresh Khatri
HON'BLE MR. JUSTICE FARJAND ALI
Order
30/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 24.02.2020 passed by learned Special Judge, POCSO
and Children Right Protection Commission Act, No.2,
Bhilwara in Sessions Case No.81/2019 (CIS No.72/2019)
whereby the appellant was convicted and sentenced to suffer
maximum punishment of 10 years rigorous imprisonment
along with compensation fine of Rs.5,000/- under Section
376 AB/511 of the IPC.
[2023:RJ-JD:36631] (2 of 3) [SOSA-883/2023]
2. 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.
3. 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.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The petitioner is behind the bars since last four or more
years. The submission made by learned counsel for the
petitioner that the offence alleged would not travel beyond
Section 354 of the IPC seems to be worth considerable but
the learned trial Court erred in convicting under Section
376AB/511 of the IPC. Looking to the totality of facts and
circumstances of the case, more 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.
[2023:RJ-JD:36631] (3 of 3) [SOSA-883/2023]
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 and
Children Right Protection Commission Act, No.2, Bhilwara in
Sessions Case No.81/2019 (CIS No.72/2019) against the
appellant-applicant Immamudin S/o Kamrudin Neelgar
Musalman 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
30.11.2023 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
address(s), they will give in writing their
changed address to the trial Court.
(FARJAND ALI),J
98-Ashutosh/-
Powered by TCPDF (www.tcpdf.org)
