Rajasthan High Court - Jodhpur
Taiyab Hussain vs State Of Rajasthan (2025:Rj-Jd:21750) on 6 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:21750]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1151/2024
in
S.B. Criminal Appeal No.1081/2024
Taiyab Hussain S/o Shri Sadik Ali, Aged About 21 Years, R/o 16
Bb, Police Station Padampur, Dist. Sri Ganganagar. (At Present
Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Sukhdev Singh S/o Balakar Singh Majbi, R/o Chak 16 BB. PS
Padampur, District Sri Ganganagar
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. SS Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
03.07.2024 passed by the learned Special Judge, POCSO Act
Cases No.1, District Sri Ganganagar in Sessions Case No.77/2021
whereby he was convicted and sentenced to suffer maximum
imprisonment of 20 years under Sections 3/4 of POCSO Act along
with a fine of Rs.10,000/- 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
granted to him; hearing of the appeal is likely to take long time,
[2025:RJ-JD:21750] (2 of 3) [SOSA-1151/2024]
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. No one appeared on behalf of
respondent No.2.
5. In light of the major discrepancy in the statement of the
victim and other witnesses and in view of the fact that earlier also
a written report was submitted by maternal uncle of the victim
which was investigated by the Head-constable Mani Ram and
based on the CCTV footage and other independent evidence, the
allegations were found false, but, on the same set of accusation,
the appellant has been convicted; it is felt that a strong case
exists in favour of the appellant.
Being the first appellate court, it is expected to revisit the
entire legal and factual aspect of the matter. 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:21750] (3 of 3) [SOSA-1151/2024]
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 06.06.2025 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
96-chhavi/-
Powered by TCPDF (www.tcpdf.org)
