Rajasthan High Court - Jodhpur
Aman Kumar @ Teenu vs State Of Rajasthan on 3 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 657/2021
in
S.B. Cr. Appeal No. 959/2021
Aman Kumar @ Teenu S/o Shri Tarachand, Aged About 23 Years,
R/o Chak 2-E, Chhoti, S.S.B. Road, Ward No. 2, Police Station
Jawaharnagar, District Sri Ganganagar (Rajasthan) (Presently
Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. K.V. Vyas
For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
03/12/2021
The applicant/appellant herein stands convicted and
sentenced vide judgment dated 27.9.2021 passed by learned
Special Judge, Protection of Children from Sexual Offences Act,
2012 & Commission for Protection of Child Right Act, 2005, No.2,
Sri Ganganagar in Sessions Case No.183/2021 (CIS No.106/2019)
as under:-
Offences Sentence Fine Fine Default
sentences
Section 457 IPC One Year RI Rs.1,000/- One month RI
Section 7/8 of 3 Years RI Rs.5,000/- Six months RI
POCSO Act
(2 of 3) [SOSA-657/2021]
Learned counsel for the applicant submits that out of
imprisonment of three years awarded by the trial court, applicant
has served more than two years and three months sentence.
Appeal is of the year 2021 and there is no likelihood of hearing of
the appeal taking place in near future. There is no other criminal
case pending against the applicant. In the above circumstances,
learned counsel for the applicant has prayed to allow this
application for suspension of sentence.
Learned Public Prosecutor opposes the application
seeking suspension of sentence.
Heard learned counsel for the applicant as well as
learned Public Prosecutor.
Having regard to the submissions of learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, particularly the fact that applicant has
served two years and three months of sentence out of total three
years of sentence awarded by the trial court; and the fact that
there is bleak possibility of hearing of appeal in near future, this
Court deems it to be a fit case to suspend the sentences awarded
by the learned trial Court.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Special Judge,
Protection of Children from Sexual Offences Act, 2012 &
Commission for Protection of Child Right Act, 2005, No.2, Sri
Ganganagar, vide judgment dated 27.9.2021 in Sessions Case No.
183/2021 against applicant/appellant Aman Kumar @ Teenu
s/o Shri Tarachand shall remain suspended till final disposal of
(3 of 3) [SOSA-657/2021]
the aforesaid appeal and he shall be released on bail provided he
executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 6.1.2022 and whenever
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That if the applicant changes the place of
residence, he will give in writing his changed address
to the trial Court as well as to the counsel in the High
Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to the
trial Court.
(RAMESHWAR VYAS),J
43-Mak/-
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