Rajasthan High Court
Dheeraj Kumar S/O Suresh Kumar vs State Of Rajasthan (2024:Rj-Jp:36732) on 2 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:36732]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1585/2023
In S.B. Criminal Appeal No.2970/2023
Dheeraj Kumar S/o Suresh Kumar, R/o R.t.m Ke Samne,
Bhawanimandi P.s. Bhawanimandi District Jhalawad (Raj.) (At
Present Confined In Jail Of Jhalawad)
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Victim, R/o
----Respondents
For Petitioner(s) : Mr. Manish Meena
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
02/09/2024
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 Sections 452 & 506 of IPC and Section
7/8 of Protection of Children from Sexual Offence Act vide
judgment dated 15.07.2023 passed by learned Special Judge,
Protection of Children from Sexual Offences Act, 2012 and the
Commission for Protection of Child Rights Act, 2005, No.2,
Jhalawad (Raj.) in Sessions Case No.31/2021 (CIS No.34/2021)
and has been sentenced to maximum punishment of three years.
3. Learned counsel for the applicant-appellant submits that
maximum sentence imposed by the learned trial Court is three
years. Counsel submits that appellant-applicant has already
[2024:RJ-JP:36732] (2 of 3) [SOSA-1585/2023]
served period of incarceration about One year and Six months
and there are bleak chances of hearing and disposal of this appeal
in near future.
4. Learned State counsel opposes the submissions made by
counsel for the appellant. He submits that there is a allegation
against the appellant-applicant to misuse the liberty of bail
granted to him during the course of trial. He Submits that despite
information, no one has put in appearance on behalf of
victim/complainant.
5. Upon a consideration of the arguments advanced on behalf
of the appellant as well as learned State Counsel and having
regard to the facts and circumstances as available on the record,
specially the fact that appellant-applicant has already suffered
period of incarceration about One year and Six months and
hearing of this appeal will take time, 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.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, Protection of
Children from Sexual Offences Act, 2012 and the Commission for
Protection of Child Rights Act, 2005, No.2, Jhalawad (Raj.) vide
judgment dated 15.07.2023 in Sessions Case No.31/2021 (CIS
No.34/2021) against the appellant-applicant Dheeraj Kumar S/o
Suresh Kumar shall remain suspended till final disposal of the
[2024:RJ-JP:36732] (3 of 3) [SOSA-1585/2023]
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 07.10.2024 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
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.
7. 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 /70
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