Rajasthan High Court
Ravi S/O Ramraj vs State Of Rajasthan on 13 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence)
Application No.238/2021
In
S.B. Criminal Revision Petition No. 934/2021
Ravi S/o Ramraj, Aged About 21 Years, Resident Of Sighan Jatt,
Police Station Suroth, District Karauli (Raj.)
(At Present Detain In Juvenile Home, Bharatpur)
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Non-Petitioner
2. Subey S/o Bhodu, Resident Of Pali (Sidhan Jatt Police
Station Suroth, Tehsil Hindaun, District Karauli (Raj.)
----Complainant-Non-Petitioner
For Petitioner(s) : Mr. Mukesh Pal Jadoun
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
13/12/2021
Heard on application for suspension of sentence.
The petitioner has filed the revision petition along with
application for suspension of sentence.
This revision petition has been preferred against the
impugned order dated 31.07.2021 passed by the court of Special
Judge, Protection of Children from Sexual Offences Act, 2012 and
Commission for Protection of Child Rights Act, 2005, Karuali (the
appellate court) in Criminal Appeal No.03/2021(CIS No.03/2021),
affirming the order dated 13.07.2021 passed by the Principal
(2 of 3)
Magistrate, Juvenile Justice Board, Karauli (the trial court) in
Regular Criminal Case No.08/2017(CIS No.08/2017), by which the
petitioner has been convicted for offence/s under Section 376 of
IPC and Section 4 of the POCSO Act and sentenced to remain
detained in Special Home, Bharatpur for a period of two years.
It has been submitted by learned counsel for the petitioner
that the petitioner was on bail during trial as well as during
pendency of appeal. He has already served more than three
months of sentence. He has been sentenced to undergo two years'
detention in Special Home. He has been falsely implicated in the
case. There are several material contradictions and infirmities in
the prosecution evidence. Age of the prosecutrix has been shown
between thirteen to fifteen years as per the impugned judgment.
Hearing of revision petition may take long time. The case has
been lodged for some extraneous reasons. There are no other
criminal antecedents of the petitioner.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Taking into consideration the submissions of learned counsel
for the parties, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems it 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/petitioner Ravi S/o Ramraj shall remain suspended till
(3 of 3)
disposal of this revision petition and he be released on bail,
provided the petitioner furnishes a personal bond of Rs.1,00,000/-
and two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Court for his appearance in this Court on 13 th January,
2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/88
Powered by TCPDF (www.tcpdf.org)
