Rajasthan High Court - Jodhpur
Narayan Singh vs State And Ors on 12 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:22842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.330/2025
IN
S.B. Criminal Appeal (Sb) No. 348/2025
Mithun S/o Shri Nathulal, Aged About 19 Years, R/o Village Fala
Chowki Paduna, P.s. Tidi, Dist. Udaipur (Lodged In Central Jail,
Udaipur)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Leena D/o Pappu Meena, R/o Village-4 Maharaj Ji Ka
Akhada, Sector 14, Savina, Tehsil Girwa, Dist. Udaipur
Through Her Father Pappu Meena S/o Laxman Meena
----Respondents
For Appellant(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 30.01.2025 passed by the learned Special Judge,
POCSO Act, 2012 and Commission for Protection of Child
Right Act, 2005 No.2 Udaipur in Sessions Case No.31/2024
(CIS No.69/2024) whereby he was convicted and sentenced
to suffer maximum imprisonment of 20 years' R.I. under
Sections 376(3) of IPC and Section 3/4 of POCSO Act.
2. As per the report submitted by the learned Public Prosecutor
victim of the case has been intimated regarding hearing of
the bail plea. However, no one is present on her behalf.
[2025:RJ-JD:22842] (2 of 4)
3. It is contended on behalf of the applicant 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. He was on bail during trial
and did not misuse the liberty so granted to him; hearing of
the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
4. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant
for releasing the appellant on application for suspension of
sentence.
5. Heard learned counsel for the parties and perused the
material available on record.
6. PW-1 is the star witness of the case but she did not support
the story set out in the charge-sheet and turned hostile. The
learned trial Court convicted the appellant based on some
scientific evidence. The plea regarding taking of sample and
its preservation and keeping the same intact till reaching to
the FSL is required to be appreciated against by this Court
being the first appellate Court. The appeal has already been
admitted for this purpos.
7. Considering the submissions of learned counsel for the
parties and looking to the totality of facts and circumstances
of the case, more particularly the facts/fact that the accused-
applicant was on bail during the course of trial and the
hearing of appeal is likely to take further more time and
[2025:RJ-JD:22842] (3 of 4)
considering the overall submissions while refraining from
passing any comments on the niceties of the matter and the
defects of the prosecution as the same may put an adverse
effect on hearing of the appeal, this court is of the opinion
that it is a fit case for suspending the sentence awarded to
the accused-applicant.
8. 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-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 12.06.2025 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
addresses, they will give in writing their changed
address to the trial Court.
8. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be
[2025:RJ-JD:22842] (4 of 4)
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
59-Samvedana/-
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