Kuldeep Son Of The Ramprakash vs State Of Rajasthan
2021 Latest Caselaw 7107 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1935/2021

1.     Kuldeep Son Of Ramprakash, Resident Of Hardoi, U.P. At
       Present Rampura, Police Station Bhiwadi.
2.     Tushar Mandal Son Of Varun Mandal, Resident Of Zila
       Vardhman, Calcutta, West Bengal.
3.     Dheeraj Son Of Santosh Singh, Resident Of Hasanpur,
       Police Station Harnod, District Nalanda, Bihar, At Present
       Khohari, Police Station Taudu, District Nooh, Mewat,
       Haryana.
                                                       ----Accused-Appellants
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Dinesh Chand Sharma Mr. Sajid Ali For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

02/12/2021 Heard.

Record of the case be summoned.

S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1205/2021 :

Heard on application for suspension of sentence.

Appellants have filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 09.11.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

(2 of 3) [CRLAS-1935/2021]

2012, No.2, Alwar in Sessions Case No.18/2020, by which the

appellants-Kuldeep and Tushar have been convicted under

Sections 323/34, 354 of IPC and 7/8 of the POCSO Act, 2012 and

appellant-Dheeraj has been convicted under Sections 323, 354 of

IPC and 7/8 of the POCSO Act, 2012 and sentenced to maximum

term of three years.

It has been submitted by learned counsel for the appellants

that the appellants have been sentenced to a maximum term of

three years imprisonment. During trial, the appellants were on bail

and presently, they are on bail for a period of one month as their

sentence has been suspended by the trial court. Hearing of appeal

may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties.

Taking into consideration the submissions of learned counsel

for the appellants, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellants Kuldeep S/o Ramprakash, Tushar Mandal S/o

Varun Mandal and Dheeraj S/o Santosh Singh shall remain

suspended till disposal of this criminal appeal and they be released

on bail, provided each of them furnishes a personal bond of

Rs.50,000/- and two sureties of Rs.25,000/- each to the

(3 of 3) [CRLAS-1935/2021]

satisfaction of the learned trial court for their appearance in this

Court on 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/67

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