Rajasthan High Court - Jodhpur
Badri Prasad @ Daleep Kumar vs State Of Rajasthan (2025:Rj-Jd:25687) on 26 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:25687]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1010/2024
in
S.B. Criminal Appeal No.348/2024
Badri Prasad @ Daleep Kumar S/o Nandram, Aged About 36
Years, R/o Chak 5Ppm Tehsil Suratgarh Dist Sriganganagar (Raj)
(At Present Lodged At Central Jail Sriganganagar (Raj)
----Petitioner
Versus
1.State Of Rajasthan, Through Pp
2. Sharda Devi W/o Lalchand, aged about 53 years R/o Chak 1
PPM, Tehsil- Suratgarh, District Sri Ganganagar, Rajasthan
----Respondent
For Petitioner(s) : Mr. Mohan Lal
For Respondent(s) : Mr. SS Rathore, PP
Mr. Balveer Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
26/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.02.2024 passed by the learned Special Judge, POCSO Act and
Commission for the Child Right Act, No.1, District Sri Gangangar in
Sessions Case No.132/2019 whereby he was convicted and
sentenced to suffer maximum imprisonment of 20 years under
Sections 376(3), 376(2)(N) of IPC and 4(2), 5(L)/6 of POCSO Act
and lesser punishment for the other offences.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
appellant was on bail during trial and did not misuse the liberty so
[2025:RJ-JD:25687] (2 of 3) [SOSA-1010/2024]
granted to him; hearing of the appeal is likely to take long time,
therefore, the application for suspension of sentence may be
granted.
3. Per contra, learned public prosecutor and learned counsel for
complainant has vehemently opposed the prayer made by learned
counsel for the accused-applicant for releasing the appellant on
application for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Gone through record of the case, more particularly statement
of the victim PW-1. He was an 18 years old boy at the time of
deposition. There is a substance in submission of learned counsel
for the appellant that the circumstance in which the victim left the
company of her parents and joined the association of the appellant
and whereafter roam along with him at various public places is
clearly suggestive of a case of consensual sexual relationship and
elopement. Though this Court is not giving any opinion in this
regard, since doing so would influence the merit of appeal, still
taking into account the aforementioned aspect and the fact that
hearing of the appeal would likely to take a long time and further
considering the submission that during the entire course of trial,
he remained on bail and did not misuse the liberty so granted to
him, this court is of the opinion that it is a fit case for suspending
the sentence awarded to the accused-appellant.
6. 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 trial court, the details of which are
provided in the first para of this order, against the appellant-
[2025:RJ-JD:25687] (3 of 3) [SOSA-1010/2024]
applicant named above 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.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 26.06.2025 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(s), they
will give in writing their changed address to the trial
Court.
7. 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.
(FARJAND ALI),J
107-chhavi/-
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