Rajasthan High Court – Jodhpur
Pukhraj @ Pukharam vs State Of Rajasthan (2025:Rj-Jd:23945) on 16 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:23945]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 768/2025
1. Pukhraj @ Pukharam S/o Shri Devaram, Aged About 27
Years, R/o Shivnagari, Police Station Kalaynpura, District
Balotra, (Raj). (At Present Lodged In Central Jail,
Jodhpur)
2. Narpat Dudi S/o Shri Chotharam, Aged About 24 Years,
R/o Dudi Nagar, Aagoli,police Station Balesar, District
Jodhpur. (At Present Lodged In Central Jail, Jodhpur)
3. Thakraram Alais Thakurram S/o Shri Hanumanram, Aged
About 29 Years, R/o Shivnagari, Police Station Kalaynpur,
District Balotra, (Raj). (At Present Lodged In Central Jail,
Jodhpur)
4. Bhomaram S/o Shri Lumbaram, Aged About 50 Years, R/o
Shivnagari, Police Station Kalaynpur, District Balotra,
(Raj). (At Present Lodged In Central Jail, Jodhpur)
5. Bhomaram S/o Shri Chenaram, Aged About 30 Years, R/o
Shivnagari, Police Station Kalaynpur, District Balotra,
(Raj). (At Present Lodged In Central Jail, Jodhpur)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Ramuram S/o Shri Devaram, R/o Shivnagari, Police
Station Kalaynpur, District Balotra, (Raj).
----Respondents
For Petitioner(s) : Mr. D.S. Thind
For Respondent(s) : Mr. Shrawan Singh Rathore, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the appellant-applicants in the matter of
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judgment of conviction and order of sentence dated 09.01.2025
passed by the learned Special Judge, POCSO Act Cases, Balotra in
Sessions Case No.68/2020 whereby they have been convicted for
the offences under Sections 384, 376(3), 376DA of the IPC and
Section 3/4(2) and 5(G)/6 of the POCSO Act and have been
awarded sentence of rigorous imprisonment of 20 years alongwith
fine and default sentence.
2. It is contended by the learned counsel for the appellants that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
appellants have strong arguable case in their favour. Hearing of
the appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted. In addition to the above
submissions, learned counsel for the appellants submits that the
appellant-applicant No.4 Bhomaram S/o Shri Lumbaram is
suffering from cancer and is undergoing treatment for the same
and he wishes to approach a hospital of his choice for seeking
better treatment, therefore, even if this court is not inclined to
grant bail to the other appellants, he may be granted bail on
humanitarian grounds.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellants on application for suspension
of sentence.
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4. As per the report received by the learned Public Prosecutor,
the victim/complainant has been intimated regarding hearing of
the bail plea. However, no one is present on his behalf to contest
the bail plea.
5. Heard learned counsel for the parties and perused the
material available on record.
6. So far as the appellants No.1, 2, 3 and 5 are concerned,
having considered the submissions advanced and on a perusal of
the material placed on the record, this court is not inclined to
suspend their sentence. Accordingly, the application seeking
suspension of sentence is dismissed qua the appellant No.1, 2, 3
and 5.
7. So far as the appellant-applicant No.4 Bhomaram S/o
Lumbaram is concerned, learned counsel for the appellant
alongwith the application seeking temporary suspension of
sentence has placed on record the documents relating to his
medical condition. As per the certificate issued by the Associate
Professor, Department of Radiation Oncology, AIIMS, Jodhpur, the
appellant is diagnosed with the case of Carcinoma Pyriform Sinus
with neck Secondaries. He is undergoing treatment at the AIIMS,
Jodhpur. From a perusal of the pathological, serological and
radiological reports, it is more than evident that the appellant
No.4 is ailing with a critical diseases. I am of the view that he
should be given liberty to take treatment at the place of his own
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choice. Thus, on humanitarian grounds, while refraining from
passing any comments on the niceties of the matter and the
defects of the prosecution as the same may put an adverse effect
on hearing of the appeal, this court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellant.
8. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed only to the extent of the
appellant No.4 Bhomaram S/o Lumbaram and it is ordered that
the sentence passed by learned trial court, details of which are
mentioned in opening para of this order, against the appellant-
applicant named above 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 16.06.2025 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.
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9. 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
97-Pramod/-
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