Rajasthan High Court - Jodhpur
Hitesh vs State Of Rajasthan (2025:Rj-Jd:13067) on 7 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13067]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 55/2025
Hitesh S/o Kachra, Aged About 21 Years, R/o Kahiya Phala Ghata
Ka Gaovn Police Thana Obri District Dungarpur. (At Present
Lodged In District Jail Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/03/2025
Heard learned counsel for the appellant and learned
Additional Advocate General. Perused the material available on
record.
Learned counsel for the appellant submits that the
Prosecutrix admitted in her statement recorded under Section 164
Cr.P.C. (Ex.4), that she went along with the appellant with her own
free will and she was examined before the trial court as PW-1, in
which she clearly mentioned that she resided with the appellant
for about seven days and in her cross-examination also, she also
admits that previous to this incident, she ran away along with the
appellant with her own free will. He further submits that the
accused-appellant is inside judicial custody and hearing of the
[2025:RJ-JD:13067] (2 of 3) [SOSA-55/2025]
appeal is likely to take some time, therefore his sentence may be
suspended.
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 fact that the appellant was on bail during
the trial and hearing of the appeal will likely take time, this court
is of the opinion that it is a fit case for suspending the sentence
awarded to the accused appellant.
Learned Additional Advocate General has opposed the prayer
made by the counsel for the appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (389 of Cr.P.C.) is allowed and it is
ordered that the sentence passed by learned Special Judge,
Protection of Children from Sexual Offences Act, 2012 and
Commission for Protection of Child Rights Act, 2005, Dungarpur,
vide judgment dated 11.12.2024 in Session Case No.97/2023
against the appellant-applicant- Hitesh S/o Kachra, 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 16.04.2025 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
[2025:RJ-JD:13067] (3 of 3) [SOSA-55/2025]
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 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
87-GKaviya/-
Powered by TCPDF (www.tcpdf.org)
