Rajasthan High Court - Jodhpur
Satyaprakash vs State Of Rajasthan (2025:Rj-Jd:28896) on 4 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:28896]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 965/2025
Satyaprakash S/o Dharmendra, Aged About 33 Years, R/o Ward
No. 44, Saureshiya, P.S. Hanumangarh, Dist. Hanumangarh
(Lodged In Dist. Jail, Hanumahngarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Sunaina Soni S/o Raju Soni, Ward No 42, Saureshiya, P.s.
Hanumangarh Junction, Dist. Hanumanagarh
----Respondents
For Petitioner(s) : Mr. Anil Gupta
For Respondent(s) : Mr. Shravan Singh Rathore, PP
Mr. K.R. Saharan, for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
04/07/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that according to
the statement of the prosecutrix, a specific averment has been
made against the present appellant and other co-accused persons
but after investigation, the police filed challan against the present
appellant only and later on implicated the other co-accused
persons on application filed under Section 319 Cr.P.C. Further,
after the conclusion of trial, all the co-accused persons have been
acquitted by the trial court and only the present appellant has
been convicted and sentenced. Moreover, counsel for the appellant
submits that a false averment has been made by the proscutrix as
[2025:RJ-JD:28896] (2 of 3) [SOSA-965/2025]
well as by the other witnesses and similar situated co-accused
persons have already been acquitted by the trial court, therefore,
the sentence of the appellant may be suspended.
Learned Public Prosecutor and counsel for the complainant
opposed the prayer for suspension of sentence and submit that a
specific averment has been made by the prosecutrix against the
present appellant and looking to the gravity of the offence
committed, the benefit of bail may not be extended to the
appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances,
since according to the statement of prosecutrix, she levelled
allegation of rape against the present appellant as well as other
co-accused persons, however, all the other co-accused persons
have been acquitted by the trial court 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 430 BNSS (Old Section 389 Cr.P.C.) is allowed and it
is ordered that the sentence passed by learned Special Judge,
POCSO Act, District Hanumangarh vide judgment dated
24.04.2025 in Session Case No.187/2018 against the appellant-
applicant - Satyaprakash S/o Dharmendra shall remain
suspended till final disposal of the aforesaid appeal and
he/she/they shall be released on bail 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
[2025:RJ-JD:28896] (3 of 3) [SOSA-965/2025]
Judge for his/her/their appearance in this court on 05.08.2025
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 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(s) 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(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
115-mSingh/-
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