Arjun Parmar vs State Of Rajasthan ...
2023 Latest Caselaw 7196 Raj

[2023:RJ-JD:29779]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 849/2023

In

S.B. Criminal Appeal No.1396/2023

Arjun Parmar S/o Kava Parmar, Aged About 22 Years, R/o Ghati Police Station Pahada District Udaipur Rajasthan. (Presently Lodged At Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Gopal Singh Bhati For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

14/09/2023

1. The instant application for suspension of sentence has been

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

10.07.2023 passed by the learned Special Judge, POCSO Act,

Cases N.1, Udaipur in Sessions Case No.26/2022 whereby he was

convicted and sentenced as under:-

 Offence        for Substantive                 Fine and default sentence
 which              sentence
 convicted
 Section 363 IPC       One year's SI            Fine of Rs.1,000/- and in default of
                                                payment of fine, to further undergo
                                                fifteen days simple imprisonment.
 Section 366 IPC       One Year's SI            Fine of Rs.1,000/- and in default of
                                                payment of fine, fifteen days simple
                                                imprisonment.
 Section 6 of the Twenty Years' RI              Fine of Rs.20,000/- and in default
 POCSO Act                                      of payment of fine, one months
                                                additional simple imprisonment.



 [2023:RJ-JD:29779]                   (2 of 4)                    [SOSA-849/2023]

All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

3. Heard learned counsel for the parties and perused the

material available on record.

4. The report came to be lodged on 29.01.2022 at the instance

of the father of the victim alleging inter alia that his daughter had

been taken away by the appellant by coxing her. The boy and girl

were apprehended by the police and in the first hand story, she

had narrated to the police that she was maltreated and rebuked

by her parents, therefore, on a false pretext, she instead of

returning back from school, opted to leave her parents home for

which, she took assistance of the appellant. She had categorically

stated that though she went with the appellant but she had been

left by him at Village Kherwada wherefrom she took lift from a

jeep and went at her sister's house but when she came to know

that her family members were looking for her, she returned back

to her parents house. She categorically denied regarding any

wrong committed by the appellant. She was examined under

Section 164 Cr.P.C. wherein she levelled allegations of rape and

whereafter the same things have been reiterated during trial in

her own oath statement. There are several infirmities and

contradictions in her statement and thus, the appellant has a

strong arguable case in his favour; he is young boy of 22 years.

He was on bail during trial and he never misused the liberty so

granted to him.

[2023:RJ-JD:29779] (3 of 4) [SOSA-849/2023]

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly incongruities in the statements of the

victim; the fact that applicant-appellant is behind the bar; he has

a strong arguable case and 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 Special Judge, POCSO Act Cases No.1,

Udaipur, who passed the impugned judgment dated 10.07.2023 in

Sessions Case No. 26/2022 against the appellant-applicant-

Arjun Parmar S/o Kava Parmar, 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 16.10.2023 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.

[2023:RJ-JD:29779] (4 of 4) [SOSA-849/2023]

(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.

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 51-Mamta/-

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