HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.912/2021
In
S.B. Criminal Appeal No. 1489/2021
Mahaveer Singh S/o Shri Mohan Singh, Aged About 22
Years, R/o Nai Basti, Madarpura, Police Station Alwar
Gate, District Ajmer (Raj)
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Vinay Pal Yadav, Advocate For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 01/10/2021 This application for suspension of sentence has been preferred on behalf of the applicant/appellant under Section 389 of Cr.P.C. to suspend the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Right Act, 2005 No.2, Ajmer vide its judgment dated 07.09.2021 in Sessions Case No.67/2020 (45/2018).
Learned counsel for the applicant/appellant has submitted that during trial the applicant was on bail and his sentence has already been suspended by the trial Court for a period of one month. Hence, sentence awarded to the applicant/appellant may be suspended during pendency of the appeal.
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(2 of 2) [SOSA-912/2021 in CRLAS-1489/2021] On the other hand, learned Public Prosecutor appearing for the State, has opposed the application for suspension of sentence.
Heard learned counsel appearing for the applicant/appellant as well as learned Public Prosecutor and perused the material made available on record.
Considering the submissions made by learned counsel for the applicant/appellant and taking into consideration overall facts and circumstances of the case; but without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to suspend the sentence awarded to the applicant/appellant.
Accordingly, the application for suspension of sentence is allowed and it is ordered that execution of the sentence awarded by the trial court to the applicant/appellant, namely Mahaveer Singh S/o Mohan Singh shall remain suspended during the pendency of appeal; provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 09.11.2021, thereafter, as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J Ashish Kumar/64 (Downloaded on 06/10/2021 at 09:13:53 PM) Powered by TCPDF (www.tcpdf.org)