Citation : 2021 Latest Caselaw 7557 Raj/2
Judgement Date : 13 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 2010/2021
Amit Kumar S/o Krishan Kumar, R/o Dhakia PS Dharuheda,
District Rewari Haryana
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Anil Kumar Yadav For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
13/12/2021 Heard.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. (SOS) Application No.1245/2021
Heard on 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 30.11.2021 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act,
2012 No.2, Alwar (Rajasthan) in Session Case No.33/2020, by
which the appellant has been convicted under for offence under
Section 11/12 of the POCSO Act, 2012 and sentenced to
maximum term of one year.
(2 of 2) [CRLAS-2010/2021]
It has been submitted by learned counsel for the
appellant that the appellant has been sentenced to maximum term
of one year for offence under Section 11/12 of the POCSO Act.
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.
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 and 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-
appellant Amit Kumar S/o Krishan Kumar 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 13th January, 2022 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Sunita/64
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