Rajasthan High Court
Javed Akhtar @ Navaltri S/O Akhtar ... vs State Of Rajasthan (2024:Rj-Jp:39010) on 12 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:39010]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 937/2024
Javed Akhtar @ Navaltri S/o Akhtar Hussain, Aged About 24
Years, R/o Meethe Kuye Ke Baag Ke Piche Mangrol Police Station
Mangrol District Baran (Raj) (Presently Confined In District Jail
Baran)
----Petitioner
Versus
State Of Rajasthan, Th. PP
----Respondent
For Petitioner(s) : Mr. Buddhi Prakash Meena
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
12/09/2024
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentence.
The applicant-appellant herein has been convicted for
offences under Section 354-A of IPC & Section 9(m)/10 of POCSO
Act vide judgment dated 23.05.2024 passed by learned Special
Judge, POCSO Act & Commission for Protection of Child Rights Act,
2005 No.1, Baran (Raj.) in Sessions Case No.109/2021 and has
been sentenced to maximum punishment of five years.
Learned counsel for the appellant submits that the accused
appellant was on bail during trial and he did not misuse the liberty
of bail. He submits that there is no immediate prospect of early
hearing and disposal of the appeal.
[2024:RJ-JP:39010] (2 of 3) [SOSA-937/2024]
Learned Public Prosecutor submits that complainant of this
case has duly been informed about hearing of this application for
suspension of execution of sentence.
Despite information no one has put in appearance on behalf
of the complainant.
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, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant during pendency of the instant appeal.
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, POCSO Act &
Commission for Protection of Child Rights Act, 2005 No.1, Baran
(Raj.) vide judgment dated 23.05.2024 in Sessions Case
No.109/2021 against the appellant-applicant Javed Akhtar @
Navaltri S/o Akhtar Hussain 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 their appearance in this court on
18.10.2024 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.
[2024:RJ-JP:39010] (3 of 3) [SOSA-937/2024]
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.
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
GAUTAM JAIN /78
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