SAMEER HARIJAN S/O SHRI RAJULAL HARIJAN v. STATE OF RAJASTHAN
SOSA/1545/2024 · 2025-09-09
Inderjeet Singh, Sameer Jain
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29732 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29732 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:36376-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc IInd Suspension Of Sentence Application No. 1545/2024 in D. B. Criminal Appeal No.75/2022 Sameer Harijan S/o Shri Rajulal Harijan, Aged About 28 Years, R/o Prem Nagar Second, Behind Hanuman Mandir, P.s. Udhyog Nagar, Kota (Raj.) (Appellant Are Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Samarth Sharma, Advocate. For Respondent(s) For complainant/victim : : Mr. Manvendra Singh Shekhawat, Deputy Government Advocate. Mr. Mukesh Jadaun, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 09/09/2025
1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel appearing on behalf of the accused-applicant submits that the accused-applicant has been convicted and sentence to undergo life imprisonment for the offence punishable under Section 3/4 of POCSO Act. 3. Counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that accused-applicant is in judicial custody. Counsel
[2025:RJ-JP:36376-DB] (2 of 3) [SOSA-1545/2024] further submits that the accused-applicant has been falsely implicated in this matter. Counsel submits that the appeal is not likely to be heard in near future and prayed that sentence awarded to the accused-applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Learned Deputy Government Advocate assisted by counsel for the complainant/victim opposed the application seeking suspension of sentence. 5. We have heard counsel for the parties and perused the record. 6. Today, the victim is present in the Court. She has submitted before us that she wants to solemnize the marriage with the appellant. 7. Keeping in view the facts and circumstances of the present case and also considering the statement made by the victim, who is present in the Court, while keeping this SOS application pending, we deem it proper to release the accused-applicant on interim bail up to 12.10.2025. 8. Accordingly, it is directed that the accused-applicant shall be released on interim bail up to 12.10.2025 on furnishing 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 Court with the stipulation to surrender before the concerned Jail Authorities on
13.10.2025.
In case of failure to surrender by the stipulated date by the accused-applicant, appropriate action shall be taken against him in accordance with law. 9. List on 15.10.2025. It is directed that marriage certificate be produced on record on the next date of hearing. [2025:RJ-JP:36376-DB] (3 of 3) [SOSA-1545/2024]
10. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J Tushar/4