HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1306/2021
Kamlesh Kumar S/o Shri Jhuntharam,
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
Connected With S.B. Criminal Appeal (Sb) No. 1307/2021 Jitendra @ Jitu Saini S/o Rajendra Prasad, Aged About 22 Years, R/o Balaji Nagar Railway Station Fatak, Tan Mavada, R.s. District Sikar, At Present In Central Jail Sikar
----Appellant Versus State Of Rajasthan, Through P.p
----Respondent For Appellant(s) : Mr. Pradeep Bochaliya for Mr. Vijay Poonia Mr. Manish Sharma For Respondent(s) : Mr. Yashwant Kankhadea, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/11/2021 IN S.B. Criminal Appeal No. 1306/2021:-
Learned counsel for the petitioner seeks an adjournment. List after four weeks.
IN Suspension of Sentence Appl. No. 755/2021 IN S.B. Criminal Appeal No. 1307/2021:-
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with
(Downloaded on 10/11/2021 at 08:47:27 PM)
(2 of 3) [CRLAS-1306/2021]
application for suspension of sentence.
3. The appeal has been preferred against the judgment dated 30.06.2021 passed by court of Special Judge, Protection of Children From Sexual Offence Act, 2012 and child Rights Protection Commission 2005, Sikar Raj. (trial court) in Criminal Case No. 120/2018 (154/2017) by which the appellant has been convicted for offence/s under Sections 366A, 342 IPC and sentenced to maximum term of five years imprisonment.
4. It has been submitted by learned counsel for the appellant that appellant has been convicted under Section 366A and 342 IPC and sentenced to maximum term of five years of imprisonment. He has been acquitted from rest of the offences for which he was charged under IPC and POCSO Act. Appellant is in custody since date of arrest i.e. 20.04.2017. Out of sentence of 5 years, he has served 4 years and 7 months. Decision of the trial may take considerable time. Application for suspension of sentence of similarly situated co-accused-Mukendra has been allowed by Coordinate Bench of this Court vide order dated 06.08.2021.
5. Learned Public Prosecutor has opposed the application for suspension of sentence.
6. Heard learned counsel for the parties.
7. Taking into consideration the submissions of learned counsel for the parties, and overall facts and circumstances of the case but without commenting upon merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
(Downloaded on 10/11/2021 at 08:47:27 PM)
(3 of 3) [CRLAS-1306/2021]
8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Jitendra @ Jitu Saini S/o Rajendra Prasad shall remain suspended till disposal of this criminal appeal and he shall be released on bail provided the appellant furnishes a personal bond of Rs. 1,00,000/- (One lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to the satisfaction of the learned trial Court for his appearance in this Court on 08.12.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Pooja /83-84 (Downloaded on 10/11/2021 at 08:47:27 PM) Powered by TCPDF (www.tcpdf.org)