Bhag Chand Son Of Shri Bharru Lal vs State Of Rajasthan
2021 Latest Caselaw 7318 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1976/2021

1.     Bhag Chand Son Of Shri Bharru Lal, Resident Of Khan Ki
       Jhopadia P.S. Anta Dist. Baran
2.     Babu Lal Son Of Shri Dev Chand, Resident Of Khan Ki
       Jhopadia P.S. Anta Dist. Baran
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Rohan Jain, through VC For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 07/12/2021

Heard.

Record of the case be summoned.

List after four weeks.

IN SOS Application No. 1228/2021:-

1. Heard on application for suspension of sentence.

2. The appellants have filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 11.11.2021 passed by court of Special Judge, POCSO Act,

2012 and Child Rights Commission Act, 2005, No. 2, Baran (Raj.)

in Sessions Case No. 14/2021 (CIS No. 33/2021) by which the

appellants have been convicted for offence/s under Sections

354/34, 354A/34 of IPC and sentenced to maximum term of three

years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [CRLAS-1976/2021]

appellants that appellants have been falsely implicated in the

case. They have been sentenced to maximum term of three years

imprisonment. As per certificate under Rule 311(3) of the

Rajasthan High Court Rules, that during trial, they were on bail.

Now, their sentence has been suspended for a period of one

month under the provisions of Section 389 of Code of Criminal

Procedure by trial court. Presently, they are on bail. Hearing of

the appeal may take long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties.

7. Taking into consideration the submissions of learned

counsel for the parties and overall facts and circumstances of the

case but without commenting upon merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

8. Accordingly, the application for suspension of sentence

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

appellants 1. Bhag Chand Son Of Shri Bharru Lal and 2. Babu Lal

Son Of Shri Dev Chand, shall remain suspended till disposal of this

criminal appeal and they shall be released on bail provided each of

them furnishes a personal bond of Rs. 50,000/- (Fifty Thousand)

and two sureties of Rs.25,000/- (Twenty Five Thousand) each to

the satisfaction of the learned trial Court for their appearance in

this Court on 07.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /49

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