Megh Singh vs State Of Rajasthan (2025:Rj-Jd:11370)
2025 Latest Caselaw 8024 Raj

Rajasthan High Court - Jodhpur

Megh Singh vs State Of Rajasthan (2025:Rj-Jd:11370) on 27 February, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:11370]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 261/2024

Megh Singh S/o Lal Singh, Aged About 32 Years, R/o Dal
Dungawat Wada, P.S. Salumber, Dist Udaipur, Raj. (Lodged In
Central Jail,udaipur)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       N S/o Roop Singh Rajput, R/o Dal Phala, Dungawatwada,
         Ps Salumber,dist Udaipur.
3.       M D/o N, R/o Dal Phala,dungawatwada,ps Salumber,dist
         Udaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Jagatveer Singh Deora
For Respondent(s)         :     Mr. Deepak Choudhary, GA cum AAG
                                with Mr. Kuldeep Singh Kumpawat
                                Mr. Hardik Vyas



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

27/02/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that the appellant

was on bail during the trial and according to the statement of the

prosecutrix who has been examined as PW/3, she has admitted

the fact that she resided along with the petitioner for about a

period of 22 days and during this period she did not raise any hue

and cry. Counsel further submits that the FIR has also been lodged

after a considerable delay and no explanation has been given for

the delay and there are major contradictions, omissions and

[2025:RJ-JD:11370] (2 of 3) [SOSA-261/2024]

improvements in the statement of the prosecutrix. Further, it is

submitted that hearing of the appeal will take sufficiently long

time, therefore, the sentence of the appellant may be suspended.

Learned AAG and counsel for the complainant opposed the

prayer for suspension of sentence.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the appellant was on bail

during the trial. There are major contradictions, omissions and

improvements in the statement of the prosecutrix and hearing of

the appeal is likely to take time, therefore, 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 learned Special Judge, POCSO Act and

Commission for Protection of Child Rights Act No.2, District

Udaipur vide judgment dated 21.10.2023 in Special Sessions Case

No.50/2023 against the appellant-applicant - Megh Singh S/o

Lal Singh shall remain suspended till final disposal of the

aforesaid appeal provided he/she/they 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/her/their

appearance in this court on 28.03.2025 and whenever ordered to

do so till the disposal of the appeal on the conditions indicated

below:-

[2025:RJ-JD:11370] (3 of 3) [SOSA-261/2024]

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 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, they 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 do 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 126-mSingh/-

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