Rajasthan High Court - Jodhpur
Shivlal vs State Of Rajasthan (2025:Rj-Jd:23230) on 13 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:23230]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1517/2024
in
S.B. Criminal Appeal No.576/2024
Shivlal S/o Shri Rakma, Aged About 21 Years, R/o Gotmesvar,
P.s. Arnod, Dist. Pratapgarh. (Presently Lodged In Central Jail,
Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Laxman Meena S/o Shri Punaji Meena, R/o Gotmesvar,
P.s. Arnod, Dist. Pratapgarh.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. SS Rathore, PP
Mr. Bhagat Dadhich
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
04.04.2024 passed by the learned Special Judge POCSO Act Cases
and Commission for Protection of Child Right Act 2015 Cases,
District Pratapgarh in Sessions Case No.153/2018 whereby he was
convicted and sentenced to suffer maximum imprisonment of ten
years under Sections 376 IPC and 3/4 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
[2025:RJ-JD:23230] (2 of 3) [SOSA-1517/2024]
appreciated again by this court being the first appellate Court. The
appellant 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.
3. Per contra, learned public prosecutor 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. It is argued that it is a case of elopement and there was a
cohabitation between the parties for long six months. The PW-11,
Kanta Bai verify the fact of staying of the petitioner with the victim
for five to six months in a rented house. The boy and girl used to
do labour work separately. The question of age of the victim is
required to be evaluated again in light of the checks and balances
available on record. 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-
applicant named above shall remain suspended till final disposal of
[2025:RJ-JD:23230] (3 of 3) [SOSA-1517/2024]
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 16.06.2025 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
72-chhavi/-
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