Ganesh S/O Gopal Lal vs State Of Rajasthan
2021 Latest Caselaw 7321 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Criminal Appeal No. 1974/2021

Ganesh S/o Gopal Lal, R/o Gram Sunwasa, Police Station
Keshoraipatan District Bundi (Raj)
                                                                     ----Appellant
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Victim D/o Sh. Kamlesh, R/o Gram Sunwasa, Police
         Station Keshoraipatan District Bundi (Raj.)
                                                                 ----Respondents

For Appellant(s) : Mr. Amit Ratnawat 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.

Issue notice to respondent No. 2, returnable within four weeks.

List after four weeks.

IN SOS Application No. 1225/2021:-

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 15.11.2021 passed by Special Court, POCSO Act, 2012 and

Child Rights Commission Act, 2005, No. 1, Bundi in POCSO

Session Case No. 71/2020, POCSO CIS No. 71/2020 by which the

(2 of 2) [CRLAS-1974/2021]

appellant has been convicted for offence/s under Sections 341,

354D of IPC and 11/12 of POCSO Act and sentenced to maximum

term of one year imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

one year imprisonment. During trial, he was on bail. Now, his

sentence has been suspended for a period of one month by trial

court. Presently, he is 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-

appellant Ganesh S/o Gopal Lal, 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/-

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

Thousand) each to the satisfaction of the learned trial Court for his

appearance in this Court on 07.01.2022 and as and when called

upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /48

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