Rajasthan High Court - Jodhpur
Prakash @ Matka vs State Of Rajasthan on 4 April, 2022
Bench: Sandeep Mehta, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 177/2022
Prakash @ Matka S/o Bheru Lal Jat, Aged About 24 Years, R/o
Choukha Khera, P.s. Kapasan, Dist. Chittorgarh. (At Present
Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE FARJAND ALI Order 04/04/2022 The instant application for suspension of sentences under Section 389 Cr.P.C. is preferred on behalf of the appellant- applicant Prakash @ Matka S/o Bheru Lal Jat, who has been convicted and sentenced as below vide judgment dated 08.12.2021 passed by learned Special Judge, POCSO Act Cases, Chittorgarh in Sessions Case No.106/2018.
Offences Sentences Fine Fine Default
sentences
Section 363 IPC Five Years' Rs.5,000/- One Month's
Rigorous simple
Imprisonment imprisonment
Section 366 IPC 10 Years' Rs.10,000/- Three Months'
Rigorous Simple
Imprisonment imprisonment
Section 5(G)/6 of Life Rs.25,000/- Six Months'
the POCSO Act Imprisonment simple
imprisonment
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(2 of 3) [SOSA-177/2022]
All the sentences were ordered to run concurrently. Heard learned counsel for the appellant-applicant and the learned Public Prosecutor. Perused the impugned judgment and the material available on record.
It was contended by the learned counsel for the appellant- applicant that prosecutrix Mst.'P' in her statements recorded under Sections 161 and 164 Cr.P.C. had categorically stated that she left the company of her parents on her own accord and had not mentioned the name of the accused appellant therein. It is for the first time when she was examined in the trial, she levelled allegations of kidnapping and ravishing against the appellant- accused. Learned counsel further contended that the improvements are material in nature which goes to the roots of the case and makes the entire case of the prosecution highly dubious. Serious question regarding age of the prosecutrix has also been raised. Thus, learned counsel representing the appellant, sought acceptance of the application for suspension of sentences craving indulgence of bail to the appellant, during pendency of the appeal.
In this background and having regard to the entirety of the facts and circumstances of the case and the possibility that hearing of the appeal may take a long time thus, we are of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during the pendency of the appeal.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Cases, Chittorgarh vide judgment dated 08.12.2021 in Sessions Case No.106/2018 against the appellant-applicant Prakash @ (Downloaded on 04/04/2022 at 08:42:30 PM) (3 of 3) [SOSA-177/2022] Matka S/o Bheru Lal Jat, 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 04.05.2022 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 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 (SANDEEP MEHTA),J
53-Mamta/-
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