Rajasthan High Court - Jodhpur
Praveen Kumar vs State Of Rajasthan (2025:Rj-Jd:7577) on 6 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:7577]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 624/2024
Praveen Kumar S/o Bhura Ram, Aged About 24 Years, R/o
Varkikheda, Police Station Saroopganj, Dist. Sirohi (Raj.)
(Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Kshama Purohit
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
Mr. Rakesh Kalla
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellant submits that the appellant was on
bail during the trial and now compromise has arrived at between
the parties. Counsel further submits that according to the
statement of victim, she was sexually assaulted for the first time
by the accused-appellant about one and half years ago from the
date of FIR and thereafter he continuously assaulted her. Counsel
submits that when the prosecutrix got pregnant in her eighth
month, she had filed the FIR. There is considerable delay in filing
the FIR. Counsel submits that there is no chance of hearing of the
appeal in near future, therefore, the sentence of the appellant
may be suspended and he may be released on bail.
[2025:RJ-JD:7577] (2 of 3) [SOSA-624/2024]
Counsel for the victim concurs the fact of compromise
between the parties. However, learned AAG has vehemently
opposed the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the parties and having regard to the facts and circumstances of
the case including the facts that the appellant was on bail during
the trial and now compromise has arrived at between the parties
and there is no chance of hearing of the appeal in near future, this
Court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellant.
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 the learned Special Judge, POCSO Act, Sirohi,
vide judgment dated 02.12.2023 in Session Case No.25/2021
(CIS No.25/2021) against the applicant Praveen Kumar S/o Bhura
Ram 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.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance in this court on 17.03.2025 and whenever ordered
to do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
[2025:RJ-JD:7577] (3 of 3) [SOSA-624/2024]
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
111-MS/-
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