HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.2127/2019
IN
S.B. Criminal Appeal No. 2992/2019
[email protected] S/o Lallu Ram, R/o Dantli, Police Station
Ramgarh, District Jaipur (Presently Residing At Plot No. 329,
Kayamkhani Colony, Noorani Masjid Ke Pass, Jhotwara, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Sanjay Yadav for Mr. Rajeev Surana present in the Court For Complainant(s) : Mr. D K Dixit present in the Court For State : Mr. Sher Singh Mahla, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/08/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the appellant that appellant has remained in custody for a period of five years, five months and fifteen days. As per the medical report, age of prosecutrix was between seventeen to nineteen years. It is also contended that the trial Court has given the conclusion that prosecutrix was not forcefully taken and that she remained with the appellant for nine days without raising any alarm. It is further contended that appellant is also twenty years old boy, who has remained in custody for a pretty long time.
(Downloaded on 06/08/2021 at 10:08:54 PM)
(2 of 2) [SOSA-2127/2019]
3. Learned Public Prosecutor and counsel for the complainant have opposed the application for suspension of sentence.
4. I have considered the contentions.
5. Considering the contentions of counsel for the appellant and also taking note of the fact that as per the medical report, age of prosecutrix is between seventeen to nineteen years and appellant has remained in custody for a period of five years, five months and fifteen days and disposal of appeal will take time, I deem it proper to allow the application for suspension of sentence.
6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.18/2018 (124/2016) shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so.
(PANKAJ BHANDARI),J ARTI SHARMA /33 (Downloaded on 06/08/2021 at 10:08:54 PM) Powered by TCPDF (www.tcpdf.org)