Shanu @ Shahnawaj Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7243 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1967/2021

1.     Shanu @ Shahnawaj Son Of Shri Kurban Khan, Aged
       About 21 Years, Resident of Survey No. 706, New Sanjay
       Nagar Kachchi Basti, P.S. Bhatta Basti Jaipur
2.     Ajad Khan Son Of Shri Asraf Ali, Aged About 19 Years,
       Resident Of Survey No. 1913, New Sanjay Nagar Kachchi
       Basti, P.S. Bhatta Basti, Jaipur
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s)         :     Mr. Amin Ali
For Respondent(s)        :     Mr. Yashwant Kankhadia, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

06/12/2021

          Heard.

          Record of the case be summoned.

          List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1220/2021

Heard on the application for suspension of sentence.

The appellants have filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 12.11.2021 passed by the Special

Judge, Protection of Children from Sexual Offences Act, 2012,

No.2 Jaipur Metropolitan-I in Session Case No.38/2019 (05/2019),

(2 of 3) [CRLAS-1967/2021]

by which the appellant No.1-Shanu @ Shahnawaj has been

convicted for offence under Section 363 of IPC and Section 16/17

of the POCSO Act and appellant No.2-Ajad Khan has been

convicted for offence under Section 363 of IPC and Section 7/8 of

the POCSO Act and sentenced to maximum term of two years.

It has been submitted by learned counsel for the

appellants that the appellants have been sentenced to a maximum

term of two years for offences under Sections 7/8 and 16/17 of

the POCSO Act. They were on bail during trial. Now, their sentence

has been suspended by the learned trial court for a period of one

month. Presently, they are on bail. Hearing of the appeal may take

long time.

Heard learned counsel for the parties.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

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 (1) Shanu @ Shahnawaj Son Of Shri Kurban Khan

and (2) Ajad Khan Son Of Shri Asraf Ali shall remain

suspended till disposal of this criminal appeal and they shall be

released on bail, provided each of the appellants furnishes a

personal bond of Rs.50,000/- and two sureties of Rs.25,000/-

(3 of 3) [CRLAS-1967/2021]

each to the satisfaction of the learned trial court for their

appearance in this Court on 06th January, 2022 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/63

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