Shahjadi Bano Wife Of Shri Raheesh vs State Of Rajasthan
2021 Latest Caselaw 7322 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1973/2021

1.     Shahjadi Bano Wife Of Shri Raheesh, Aged About 36
       Years, Resident Of Survey No. 1194, Vijay Vijay Nagar
       Kachchi Basti, P.S. Bhatta Basti, Jaipur And Survey No.
       265, Shiv Marg, Near Bhomiya Mandir P.S. Bhatta Basti
       Jaipur
2.     Shanu Son Of Shri Musaraf Ali, Aged About 19 Years,
       Resident Of 1913, Vijay Nagar Kachchi Basti, P.S. Bhatta
       Basti, Jaipur
3.     Imran Son Of Kurban, Aged About 27 Years, Resident Of
       Survey No. 706, 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. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

07/12/2021

Heard.

Record of the case be summoned.

IN SOS Application No. 1222/2021:-

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

(2 of 3) [CRLAS-1973/2021]

dated 10.11.2021 passed by court of Special Judge, POCSO Act,

2012, No. 2, Jaipur Metropolitan-I, in session case No. 38/2019

(05/2019) by which the appellants have been convicted for

offence/s under Sections 363, 343 of IPC and sentenced to

maximum term of one year imprisonment.

4. It has been submitted by learned counsel for the

appellants that appellants have been falsely implicated in the

case. During trial, they were on bail. Now, their sentence has

been suspended for a period of one month by trial court.

Presently, they are on bail. They have been sentenced to

maximum term of one year imprisonment. 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. Shahjadi Bano Wife Of Shri Raheesh, 2. Shanu Son

Of Shri Musaraf Ali and 3. Imran Son Of Kurban, 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/-

(3 of 3) [CRLAS-1973/2021]

(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 /47

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