Rajesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 18342 Raj

(1 of 2) [SOSA-679/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 679/2021

Rajesh Kumar

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Gaurav Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

02/12/2021

As per the impugned judgment, the age of the child victim

Mst. 'K' was recorded to be 15 years. Thus, as per the amended

Section 439 (1)(a) of Cr.P.C., in any application for bail made on

behalf of the accused, hearing the informant or any person

authorized by him, is obligatory because the victim was less than

16 years of age on the date of the incident.

Thus, learned counsel representing the appellant, shall

implead first informant/complainant as party respondent in the

appeal as well as for the application for suspension of sentences

whereupon, process be issued to the informant. The complainant

shall also be informed that he will be entitled to avail service of

(2 of 2) [SOSA-679/2021]

Free Legal Aid Counsel to represent him in this appeal, if he so

desires.

List on 14.12.2021.

(SAMEER JAIN),J (SANDEEP MEHTA),J 28-/Sudhir/Devesh/-

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