Rajasthan High Court - Jodhpur
Lalit Kumar vs State Of Rajasthan (2025:Rj-Jd:3572) on 20 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:3572]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 72/2025
Lalit Kumar, S/o Sh. Jivan Ram R/o Chak Kesrisinghpur, At
Present Kirayedar Bharatnagar A, Sriganganagar (Raj.) (At
Present Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. A D/o Rameshwar Lal, R/o 23 Gg, Chunawad Kothi, Ps
Chunawad, Dist. Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Rajesh Saharan
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
20/01/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the victim has
been examined as PW/1 and there are material contradictions,
improvements and omissions in her statement. Counsel further
submits that the appellant was on bail during the trial and hearing
of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may be suspended.
Learned Public Prosecutor 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
[2025:RJ-JD:3572] (2 of 3) [SOSA-72/2025]
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal will take sufficiently long
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, Protection of Children
from Sexual Offences Act and Commission for Protection of Child
Rights Act No.1, Sri Ganganagar vide judgment dated 22.08.2024
in Session Case No.11/2022 against the appellant-applicant -
Lalit Kumar S/o Sh. Jivan Ram shall remain suspended till
final disposal of the aforesaid appeal 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 21.02.2025 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, 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
[2025:RJ-JD:3572] (3 of 3) [SOSA-72/2025]
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.
(MANOJ KUMAR GARG),J
144-mSingh/-
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