Hariom S/O Shri Ratanlal Raigar vs State Of Rajasthan
2021 Latest Caselaw 7245 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1966/2021

Hariom S/o Shri Ratanlal Raigar, Aged About 21 Years, R/o D.C.M
Indra Gandhi Nagar, Police Station Udyog Nagar Kota
                                                                     ----Appellant
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. Nitin Kumar Sharma 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.1218/2021

Heard on the application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 24.11.2021 passed by the Special

Judge, Protection of Children from Sexual Offences Act, No.3, Kota

in Session Case No.67/2019 (CIS No.88/2019) (CNR

No.RJKT1C0002612019), by which the appellant has been

convicted for offences under Sections 363, 366, 354, 354-A, 506

of IPC, Sections 7/8 and 11/12 of the POCSO Act and sentenced

(2 of 2) [CRLAS-1966/2021]

to maximum term of three years.

It has been submitted by learned counsel for the

appellant that the appellant was on bail during trial. Now, his

sentence has been suspended by the learned trial court for a

period of one month. Presently, he is on bail. He has been

sentenced to maximum term of three years for offences under

Section 366 of IPC and Section 7/8 of the POCSO Act. 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 appellant, 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-

appellant Hariom S/o Shri Ratanlal Raigar shall remain

suspended till disposal of this criminal appeal and he shall be

released on bail, provided the appellant furnishes a personal bond

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

satisfaction of the learned trial court for his appearance in this

Court on 06th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/62

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