Rajasthan High Court - Jaipur
Ramjani vs State Of Rajasthan Through P P on 22 August, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misc. Bail Application (SOS) No. 712/2017
In
S.B. Criminal Appeal No. 1118 / 2017
Ramjani S/o Shri Aladeen B/c Musalman, Aged About 45 Years,
R/o Near Ghas Ke Bagar, Shripura, Kota, Police Station
Kaithunipole, Kota (raj.)
(Accused Confined in Central Jail, Kota)
----Appellant
Versus
State of Rajasthan Through PP
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Sajid Ali For Respondent(s) : Mr. N.S. Dhakad, PP _____________________________________________________ HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Judgment / Order 22/08/2017 Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 05.06.2017 passed by Additional Sessions Judge, Women Atrocities Cases No.1, Kota whereby the accused appellant has been convicted for the offence punishable under section 376 IPC and has been sentenced with maximum of 7 years rigorous imprisonment alongwith fine.
Learned counsel for the accused-appellant has submitted that the FIR has been lodged with delay of 7 days. The reason of delay assigned by prosecutrix PW-6 and her husband (2 of 4) [CRLA-1118/2017] PW-7 are different and hence not reliable. This fact has been admitted by prosecutrix that her landlord as well as other tenants were also residing in the house, wherein the alleged incident of rape was committed. She has also admitted that she did not make any hue and cry when the offence was committed with her. Landlord PW-12 Mohammad Shafi has not corroborated the prosecution story.
Learned counsel for the accused-appellant has further stated that there was a money transaction between the husband of prosecutrix and the accused. Document Ex.D2 for obtaining Rs. 4 Lakhs by husband of prosecutrix from the accused has been produced. Investigating Officer PW-11 Shivraj Meena has admitted that during investigation the dispute about money transaction between the parties was also figured out.
Learned counsel for the accused-appellant submits that the accused was on bail during trial. He has also stated that on the basis of these serious contradictions there are fair chances that the appeal will succeed. But disposal of appeal on merits may take long time, hence, the sentence awarded to the accused- appellant may kindly be suspended.
Learned Public Prosecutor has vehemently opposed the prayer.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the fact that the appellant was on bail during trial and the fact that the decision of the appeal is likely to take time, but without expressing any final opinion on the merit and de-merit of (3 of 4) [CRLA-1118/2017] the case, I am inclined to suspend the sentence awarded to him during the pendency of the appeal.
Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- appellant Ramjani S/o Shri Aladeen in Sessions Case No.64/2015 (CIS No. 65/2015) shall remain suspended on furnishing a personal bond of Rs.50,000/- and two sureties bond of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on 12.09.2017 and as and when called upon to do so along with following conditions:-
(1) that the accused appellant shall inform this court his complete and new address, whenever he changes his residence during the pendency of appeal.
(2) The accused appellant shall appear before learned trial court once during the month of January in every year till the appeal is disposed off.
(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform his new and correct address, whenever he changes his place of residence.
The learned trial court shall keep the record of attendance of the accused appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant 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 accused appellant does not appear before the (4 of 4) [CRLA-1118/2017] trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.
(DEEPAK MAHESHWARI) J.
Arun/33