Hukmaram vs State Of Rajasthan (2026:Rj-Jd:19397) on 23 April, 2026

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    Rajasthan High Court – Jodhpur

    Hukmaram vs State Of Rajasthan (2026:Rj-Jd:19397) on 23 April, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JD:19397]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
     S.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
                                      No. 1699/2025
    
    Hukmaram S/o Shri Kevalram, Aged About 25 Years, R/o
    Bhopalgarh,          Police    Station       Bhopalgarh,             District   Jodhpur.
    (Presently Lodged In Central Jail Jodhpur)
                                                                              ----Petitioner
                                            Versus
    1.       State Of Rajasthan, Through Pp
    2.       Hadman Ram S/o Bhiya Ram, R/o Sutharo Ka Bass,
             Suwana, Asop, District Jodhpur Rural.
                                                                           ----Respondents
    
    
    For Petitioner(s)             :     Mr. Pradeep Singh Chouhan
    For Respondent(s)             :     Mr. N.S. Chandawat, Dy. GA
    
    
    
                    HON'BLE MR. JUSTICE FARJAND ALI

    Order

    23/04/2026

    SPONSORED

    1. The instant application for suspension of sentence has been

    moved on behalf of the applicant in the matter of judgment

    dated 21.04.2025 passed by the learned Special Judge,

    POCSO Act, 2012 & Commission for Protection of Child Right

    Act, 2005 District Jodhpur in Sessions Case No. 34/2022

    whereby he was convicted and sentenced to suffer R.I. of 10

    years along with a fine of Rs. 5000/- under Sections 376(1)

    of IPC & Section 3(4)/1 of POCSO Act.

    2. Learned counsel for the appellant submits that the trial court

    failed to properly appreciate the legal and factual aspects,

    resulting in an erroneous finding of guilt. Being the first

    appellate court, this Court may reappraise the evidence. It is

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    further submitted that the appeal will take time for disposal,

    the sentence deserves to be suspended.

    3. Learned Public Prosecutor has opposed the prayer for

    suspension of sentence. Service has been effected upon the

    respondent No.2. However, no one is present on his behalf.

    4. Heard learned counsel for the parties and perused the

    material available on record.

    5. The distinction between grant of bail under Section 439 CrPC

    ( corresponding to Section 483 BNSS)and suspension of

    sentence under Section 389 CrPC ( corresponding to Section

    430 BNSS)is well settled. While the former operates at the

    pre-conviction stage, the latter comes into play post-

    conviction and requires the appellate court to assess, prima

    facie, the sustainability of the conviction and sentence under

    challenge.

    6. Upon conviction, the presumption of innocence stands

    displaced; however, while considering suspension of

    sentence, the appellate court is required to evaluate whether

    the grounds raised in appeal disclose a substantial and

    arguable case. If the material on record suggests that the

    findings of the trial court may be debatable, the discretion

    under Section 389 CrPC ( corresponding to Section 430

    BNSS) can be justifiably invoked.Where the appeal raises

    issues which, on prima facie consideration, indicate a

    reasonable possibility of success, including reversal or

    modification of conviction, the sentence may be suspended

    pending adjudication.

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    7. This Court is guided by the enunciation of law by the Hon’ble

    Supreme Court in Muna Bisoi v. State of Odisha

    (February 16, 2026) , wherein it has been held that

    prolonged pendency of criminal appeals, not attributable to

    the convict, constitutes a valid ground for suspension of

    sentence. Reliance has also been placed on Kashmira

    Singh v. State of Punjab (1977) 4 SCC 291 , wherein the

    Supreme Court deprecated continued incarceration of

    convicts for long periods during pendency of appeals,

    observing that such practice would amount to a travesty of

    justice.

    8. It is equally settled that while considering such application,

    the appellate court is not required to record conclusive

    findings on merits, as that would prejudice the final

    adjudication. A prima facie satisfaction regarding the

    arguability and substance of the grounds would suffice. The

    appellate jurisdiction being a continuation of trial, the entire

    evidence remains open to re-appreciation. The court may

    ultimately affirm, modify, or set aside the conviction, or alter

    the sentence, depending upon the outcome of such re-

    evaluation.

    9. Additionally, even where conviction is sustained, the nature

    of offence or quantum of sentence may warrant

    reconsideration at the appellate stage, which further justifies

    a liberal approach in appropriate cases. This Court cannot

    lose sight of the fact that it is burdened with a large number

    of pending criminal appeals, and the likelihood of their early

    disposal remains uncertain. In such circumstances,

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    continued incarceration, despite arguable grounds in appeal,

    would not be justified, particularly when delay is not

    attributable to the appellant.

    10. In the present case, serious contradictions have been noted

    by this court in the statement of victim recorded during

    investigation marked as Ex.D/2 and the statement recorded

    by the Judicial Magistrate marked as Ex.D/1 as well as the

    statement recorded on during this trial. In fact, the

    statement in Ex.D/1 is exculpatory in nature and she in an

    unambiguous and unequivocal terms had stated about

    establishing sexual relation at her own free will and volition.

    The finding with regard to the age of the victim requires

    further close scrutiny in light of the settled principle of law

    and Section 94 of JJ Act. The issues raised are significant

    and merit consideration. If accepted, they may result in

    acquittal. They require proper examination and re-

    appreciation of evidence, with a fair possibility of benefit to

    the appellant.

    11. Accordingly, the application for suspension of sentence filed

    under Section 389 Cr.P.C. (corresponding to Section 430

    BNSS) is allowed and it is ordered that the sentence passed

    by learned trial court, the details of which are provided in

    the first 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

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    learned trial Judge 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
    84-poojatak/-

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