Rajasthan High Court - Jodhpur
Sahdev Ram vs State Of Rajasthan (2025:Rj-Jd:18655) on 16 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence No.562/2025
in
S.B. Criminal Appeal (Sb) No. 584/2025
Sahdev Ram S/o Shri Rampal, Aged About 20 Years, R/o
Bawariya Ka Bass, Kudki, P.s. Ras Dist Beawar (Raj) (Presently
Lodged At Sub Jail Merta)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sarwan Kumar
Mr. Padam Singh Solanki
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant-appellant in the matter of
judgment dated 09.12.2024 passed by the learned Special Judge
(POCSO Act Cases) No.2, Merta in Special Sessions Case
No.72/2024 whereby he was convicted and sentenced to suffer
maximum punishment of 20 years' rigorous imprisonment for the
offence under Section 5/6 POCSO Act and Section 65(2) of BNS
each and lesser punishment for the other offences under Sections,
137(2) of BNS and 84 of Juvenile Justice Act.
2. It is contended on behalf of the applicant-appellant that the
learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
[2025:RJ-JD:18655] (2 of 3)
conclusion of guilt, therefore, the same is required to be
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 on behalf of the accused applicant-
appellant for releasing him on application for suspension of
sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Hearing of the appeal would likely to take a long time and
further considering the submission that during the entire course of
trial, he remained on bail and did not misuse the liberty so
granted to him, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-appellant.
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 16.05.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
[2025:RJ-JD:18655] (3 of 3)
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.
8. Appeal be treated within limitation.
(FARJAND ALI),J
88-chhavi/-
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