Rajasthan High Court
Tejaram Gurjar Son Of Ramphool Gurjar vs State Of Rajasthan (2024:Rj-Jp:42382) on 8 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:42382]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 269/2024
In
S.B. Criminal Appeal No.328/2024
Tejaram Gurjar Son Of Ramphool Gurjar, Aged About 21 Years,
Resident Of Village Guglika Guwada, Ajabgarh, Police Station
Pratapgarh, Dsitrict Alwar Presently Manager, Hotel Ridam Hotel
And Restaurant Sector -1, Indira Gandhi Nagar, Jaipur Police
Station Kho Nagorian Jaipur (Accused Is Confined In Central Jail
Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rahul Sharma for
Mr. Rajneesh Gupta
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
08/10/2024
1. Heard learned counsel for the applicant-appellant and
learned State counsel on the application for suspension of
execution of sentence.
2. The applicant-appellant herein has been convicted for the
offences punishable under Section 5(l)/6 read with Section 16/17
of Protection of Children from Sexual Offence Act, 2012
alternatively under Section 376(2)(n)(3) read with Section
107/109 of IPC vide judgment dated 30.01.2024 passed by
learned Special Judge, Protection of Children from Sexual Offences
[2024:RJ-JP:42382] (2 of 4) [SOSA-269/2024]
Act, 2012, No.2, Jaipur Metropolitan-I (Raj.) in Sessions Case
No.14/2022 (CIS No.62/2022) and has been sentenced to
maximum punishment of twenty years.
3. Learned counsel for the appellant-applicant submits that
appellant-applicant has wrongly been convicted by the learned
trial Court. Counsel submits that learned trial Court has failed to
appreciate the evidence available on record in correct perspective.
Counsel submits that there is no allegation against the appellant
of commission of rape upon the victim. Counsel submits that the
sole allegation against the appellant-applicant is that he made
available one room in the hotel to the main accused, where the
alleged offence has been committed with the prosecutrix. Counsel
submits that during trial, appellant was on bail and he did not
misuse the liberty of bail and there is no immediate prospect of
hearing and disposal of the appeal in near future.
4. Learned State Counsel opposes the submissions made by the
counsel for the appellant-applicant. He submits that victim of this
case has duly been informed about hearing of this application for
suspension of execution of sentence.
5. Despite information no one has put in appearance on behalf
of victim.
6. Upon a consideration of the arguments advanced on behalf
of counsel for the appellant and learned State Counsel and having
regard to the facts and circumstances as available on the record
and especially the fact there is no allegation against the appellant
of commission of rape upon the victim and he has been convicted
[2024:RJ-JP:42382] (3 of 4) [SOSA-269/2024]
in this case for helping the other accused in commission of alleged
crime; during trial, appellant was on bail and he did not misuse
the liberty of bail and final adjudication of appeal will take time,
but without expressing any opinion on the merits of the case, this
Court is of the opinion that the appellant has available to him
strong grounds to assail the impugned judgment of conviction and
sentence. Thus, it is a fit case for suspending the sentences
awarded to the applicant-appellant during pendency of the instant
appeal.
7. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.PC is allowed and it is ordered that the
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offences Act, 2012, No.2, Jaipur
Metropolitan-I (Raj.) vide judgment dated 30.01.2024 in Sessions
Case No.14/2022 (CIS No.62/2022) against the appellant-
applicant Tejaram Gurjar Son Of Ramphool Gurjar shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, provided he execute 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 08.11.2024 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
[2024:RJ-JP:42382] (4 of 4) [SOSA-269/2024]
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.
8. 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.
(ANIL KUMAR UPMAN),J
LALIT MOHAN /42
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