HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.936/2020
In
S.B. Criminal Appeal No. 1251/2020
Balwant Singh S/o Mansingh, R/o Ward No. 07, Kasba Tijara
Police Station Tijara Distt. Alwar Raj. (Presently Confined In
Central Jail Alwar)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Kapil Gupta, Advocate For Respondent(s) : Mr. B.S. Sharma, Public Prosecutor Mr. Gajendra Singh Rathore, Advocate for complainant HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 04/10/2021 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, POCSO Act, 2012 and Children Rights Protection Act, 2005 No.4, Alwar vide its judgment dated 24.07.2020 in Sessions Case No.45/2018.
Learned counsel for the applicant/appellant submits that as per FIR prosecutrix is aged about 17 years. Counsel submits that the applicant/appellant was on bail during trial and presently he is behind the bars since 24.07.2020. Counsel further submits that the prosecutrix PW-1 in her court statement has not supported the prosecution's story with regard to the accused-appellant. Counsel also submits that the (Downloaded on 08/10/2021 at 08:48:32 PM) (2 of 2) [SOSA-936/2020 in CRLAS-1251/2020] applicant/appellant has no criminal antecedents. Hence, sentence awarded to the applicant/appellant may be suspended during pendency of the appeal.
On the other hand, learned Public Prosecutor appearing for the State and learned counsel for the complainant, both have 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 the statement of prosecutrix PW-1 recorded during trial; 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 Balwant Singh S/o Mansingh 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 28/10/2021, thereafter, as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J Ashish Kumar /20 (Downloaded on 08/10/2021 at 08:48:32 PM) Powered by TCPDF (www.tcpdf.org)