Rajasthan High Court - Jodhpur
Murarilal vs State Of Rajasthan (2025:Rj-Jd:18421) on 9 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18421]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 457/2025
Murarilal S/o Ramlal, Aged About 25 Years, R/o Kanakpura
Peepalbara, P.s. Falasiya, Dist Udaipur. (Presently Lodged In
Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. VS Rajpurohit, Dy.G.A. with
Mr. RS Bhati, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
31.10.2023 passed by the learned Special Judge, POCSO Act,
2012 and Commissions of Protection of Child Rights Act, 2005
No.2, District Udaipur in Special Sessions Case No.62/2022
whereby he was convicted and sentenced to suffer maximum
imprisonment of 20 Years RI under Section 6 of POCSO Act along
with a fine of Rs. 1,00,000/- and lesser punishment for the other
offences under Sections 363 and 366 of IPC.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
[2025:RJ-JD:18421] (2 of 4) [SOSA-457/2025]
appreciated again by this court being the first appellate Court.
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Learned counsel for the petitioner fervently urges that the
allegations as set out by the victim in the trial are not getting
satisfaction from the circumstances appearing in this case. As per
him, the manner in which she joined the association of the
appellant and whereafter roamed at various places, used public
roads and stayed at public places and had an occasion to meet
with several persons but did not raise any hue and cry or sought
assistance of anyone; making it abundantly clear that she was all
over a consenting party. Neither she was coerced, nor lured, nor
taken forcibly. As far as the question of her age is concerned, the
learned counsel for the petitioner submits that though Ex.-P/10
has been tendered into evidence but the oral evidence given by
her parents are creating some suspicion over the exact date of
birth of the victim. As per him, the school certificate is not a
sacrosanct peace of evidence so as to determine the age of the
victim rather in view of the availability of the oral evidence, her
age is still questionable point and for which, further appreciation
of evidence would be required. Considering the submissions and
the fact that as per the prosecution, the victim is 17 years, five
[2025:RJ-JD:18421] (3 of 4) [SOSA-457/2025]
months and five days something and the surrounding
circumstances indicating her willful association with the appellant
and the fact that hearing of the appeal would likely to take a long
time, persuading this Court to extend the benefit of bail to him
since he has already been incarcerated in custody since
30.08.2022.
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 trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above 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 09.05.2025 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-
[2025:RJ-JD:18421] (4 of 4) [SOSA-457/2025]
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
107-divya/-
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