Manoj Bairwa Son Of Radhakishan vs State Of Rajasthan
2021 Latest Caselaw 3539 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                              No.136/2021
                                       IN

               S.B. Criminal Appeal No. 225/2021

Manoj Bairwa Son Of Radhakishan, R/o Fatehpur Modak District
Kota. (At Present Confined At Central Jail Kota)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Appellant(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

10/08/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that prosecutrix

and her mother have been declared hostile. Appellant has

remained in custody for a period of more than six months.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence.

4. I have considered the contentions.

5. Taking note of the fact that prosecutrix in her Court

statement has denied that any offence was committed with her by

the appellant and she has been declared hostile. Similarly mother

of prosecutrix has also been declared hostile, hence I deem it

(2 of 2) [SOSA-136/2021]

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.22/2018 C.I.S. No.494/2018 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 /26

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