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2007 DIGILAW 1024 (RAJ)

Bhartu Meena v. State

2007-05-15

CHATRA RAM JAT

body2007
JUDGMENT 1. - Heard learned counsel for the appellant and learned Public Prosecutor on application under Section 389 Cr.PC. for suspension of sentence. 2. Learned counsel for the appellant states that during trial accused appellant was on bail for some time and as per evidence of Dr. Rajendra PW9 the age of the prosecutrix is between 18 to 19 years and as per the conduct of the prosecutrix and the affidavit Ex.D-1 it seems to be a consent case and it is strongly arguable and hearing of appeal will take time, therefore, the sentence of the appellant may be suspended. 3. Learned Public Prosecutor opposed the application seeking suspension of sentence and states that looking to the background in the prosecutrix has been treated and force have been applied, it cannot be said to be a case of consent, therefore, the application for suspension be not granted. 4. I have considered the submissions advanced by the learned counsel for the parties and also gone through the record of the case/judgment impugned. The sentence awarded to the accused-appellant, in short term sentence. Looking to all the facts and circumstances of the case and taking into account the submission of the learned counsel for the appellant that accused appellant has strong arguable case and hearing of the appeal will take time at this stage, without commenting on the merit of the case, I deem it just and proper to suspend the sentence awarded to the accused-appellant. 5. Accordingly, the application under Section 389 Cr.PC. for suspension of sentence is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge Banswara Camp Kushalgarh vide his judgment dated 25.11.2006 in Sessions Case No. 06/2006 against the accused-appellant Bhartu S/o Kamjl Adivasl shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 30,000/- along with two sureties in the sum of Rs. 15,000/- [Rs. Fifteen Thousand Only] each to the satisfaction of the trial court for his appearance in this Court on 16.06.2007 and whenever called upon to do so.Application Allowed. *******