[email protected] S/O Lallu Ram By ... vs State Of Rajasthan
2021 Latest Caselaw 3454 Raj/2

        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.

(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

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