Rajasthan High Court
Aamir @ Babba S/O Shri Mazhar Alam vs State Of Rajasthan (2024:Rj-Jp:37065) on 3 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37065]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1104/2024
IN
S.B. Criminal Appeal No.1467/2024
Aamir @ Babba S/o Shri Mazhar Alam, Aged About 26 Years,
Resident Of Sahadar Mohalla, Police Station Malpura District Tonk
Rajasthan (Presently Confined At District Jail Tonk)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Sajid Naqvi S/o Shri Abdul Majid, Aged About 44 Years,
Resident Of Sahadat Mohalla, Police Station Malpura
District Tonk Rajasthan
----Respondents
For Petitioner(s) : Mr. Balram Vashisth
Mohd. Rehan Naqvi
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
03/09/2024
1. Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
execution of sentence. Perused the material available on record.
2. The applicant-appellant herein has been convicted for offence
under Section 323 of IPC & Section 9 (U)(G)/10 of POCSO Act vide
judgment dated 27.06.2024 passed by learned Special Judge,
Protection of Children from Sexual Offences Act Tonk, (Raj.) in
Sessions (CIS) Case No.06/2023 and has been sentenced to
maximum punishment of five years.
[2024:RJ-JP:37065] (2 of 4) [SOSA-1104/2024]
3. Learned counsel for the applicant submits that learned trial
court has erred in convicting and sentencing the applicant as
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. It is further submitted
that during trial applicant was on bail and he did not misuse the
liberty of bail. He submits that as per the custody certificate,
appellant-applicant has already served sentence of nearly seven
months including remission and maximum term of sentence is five
years. He argues that there is no immediate prospect of early
hearing and disposal of the appeal.
4. Learned Public Prosecutor opposes submissions made by the
learned counsel for appellant. He places on record the copy of
communication report. He further submits that complainant/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 the complainant.
6. Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, especially the fact that during trial the
appellant was on bail, he has already served sentence of nearly
seven months including remission and there is no immediate
prospect of early hearing and disposal of the appeal, but without
making any comment on the merits/demerits 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
[2024:RJ-JP:37065] (3 of 4) [SOSA-1104/2024]
awarded to the accused appellant during pendency of the instant
appeal.
7. 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 Tonk, (Raj.) vide judgment
dated 27.06.2024 in Sessions (CIS) Case No.06/2023 against the
appellant-applicant Aamir @ Babba S/o Shri Mazhar Alam 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 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),
he 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
[2024:RJ-JP:37065] (4 of 4) [SOSA-1104/2024]
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
GAUTAM JAIN /85
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