Advocates:
['PRAVIN VYAS', '', 'ASHOK KUMAR PANWAR', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 1153/2022

Subhash S/o Chandiram, Aged About 27 Years, B/c Meghwal,

Resident Of Changoi, Tehsil Taranagar, District Churu (Raj.).

(Presently Lodged At District Jail, Churu).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Vineet Jain, Senior Advocate

assisted by Mr. Rajeev Bishnoi

For Respondent(s)

:

Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

09/01/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Sessions Judge, Sirohi, vide judgment

dated 06.03.2020 passed by learned Special Judge, POCSO Act

Cases, Churu in Sessions Case No.36/2018 (158/2017), whereby

the appellant-applicant has been sentenced as under:-

Offence U/s

Sentence

Fine

Sentence in default of

payment of fine

363 I.P.C.

7 years R.I.

25,000/-

2 months’ R.I.

366 I.P.C.

10 years’ RI

25,000/-

2 months’ R.I.

5/6 POCSO

Act

Life imprisonment

50,000/-

6 months’ R.I.

(2 of 4)

[SOSA-1153/2022]

Learned counsel for the appellant-applicant has submitted

that the trial court though has more or less come to the conclusion

that the victim eloped with the appellant-applicant on her own free

will, but the only fact on which, the opinion of the trial court was

against the appellant, is that the victim was minor at the time of

incident. Learned counsel for the appellant-applicant has further

submitted that the trial court has placed reliance on the secondary

school certificate pertaining to the victim, wherein her date of

birth is mentioned as 17.08.2008, however, it is to be noted that

the victim was admitted in different schools since her birth and at

the time of recording her date of birth for the first time, no proof

regarding the same was furnished. It is also submitted that

initially the victim at any stage, has not levelled allegation of

assault against the appellant, but later on after around 6 days,

under the pressure of family members, has levelled the said

allegations. Learned counsel for the appellant-applicant has also

submitted that the appellant-applicant is in custody from the last

more than six years and the appeal filed by him is not likely to be

heard in near future.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard learned counsel for the parties and after

scrutinizing the record and looking to the custody period of the

appellant, we consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.

Accordingly, D.B. Suspension of Sentence (Appeal)

No.1153/2022 filed under Sec.389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the learned

(3 of 4)

[SOSA-1153/2022]

Special Judge, POCSO Act Cases, Churu vide judgment dated

06.03.2020 in Sessions Case No.36/2018 against appellant

Subhash S/o Chandiram shall remain suspended till final disposal

of the aforesaid appeal, 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 13.02.2023 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 appellant 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,

they will give in writing their changed