The court established that under Section 389 Cr.P.C., a convicted individual may have their sentence suspended if there are substantial grounds for appeal.

JUDGMENT

The petitioner has been convicted and sentenced as below vide Judgment dated 31.07.2021 passed by Additional Sessions Judge, Pali in Sessions Case No.175/2015 (C.I.S. No. 71/2015) :-

The petitioner has moved this application under Section 389 Cr.P.C. seeking suspension of sentences awarded to him by the trial court.

Learned Public Prosecutor has not chosen to file reply to the application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the petitioner and learned Public Prosecutor and perused impugned judgment and original record of the case.

Learned counsel for the petitioner submits that false allegation of rape has been levelled by the prosecutrix against the petitioner. There are material contradictions in the statement of the prosecutrix from the F.I.R. as well as statement under Section 164 Cr.P.C. He further submits that previously, the prosecutrix had lodged the F.I.R. against some others alleging rape with her, in which she was declared hostile and the accused were acquitted of the charges under Sections 147, 323, 323/149 & 376 I.P.C. vide Judgment dated 26.06.2006 passed by the Additional Sessions Judge (Fast Track) No. 1, Jodhpur in Sessions Case No. 61/2006 (State of Rajasthan v. Ukaram & ors.), a copy of which is on record and exhibited as Ex.D/5 during trial. He further submits that the petitioner was on bail during trial. The petitioner has available to him strong grounds to assail judgment of conviction passed by the trial court. The hearing of appeal will take long time. In the above circumstances, learned counsel prays to allow this application for suspension of sentences.

On the other hand, learned Public Prosecutor has opposed the application for suspension of sentences.

Having regard to the submissions made at the Bar and after perusal of the record as also considering the facts and circumstances of the case more particularly the fact that the petitioner was on bail during trial, without commenting on the merits of the case, this Court is inclined to accept the application for suspension of sentences and to release the petitioner on bail during pendency of the appeal.

Accordingly, this application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Additional Sessions Judge, Pali vide Judgment dated 31.07.2021 in Sessions Case No.175/2015 (C.I.S. No. 71/2015) against the petitioner-applicant - Roopa Ram S/o Durga Ram, 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 trial Judge for his appearance in this Court on 20.12.2021 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.

The 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 trial Judge shall report the matter to the High Court for cancellation of bail.