Aalam S/O Aas Mohammad @ Genda vs State Of Rajasthan
2021 Latest Caselaw 7609 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Criminal Misc. Bail (Suspension of Sentence)

                     Application No.1141/2021

                                       In

               S.B. Criminal Appeal No. 1844/2021

Aalam S/o Aas Mohammad @ Genda, R/o Ramsingh Ki Dhani,
Tan Jairoli, Police Station Tijara, District Alwar (Raj.)
(Presently Confined In Central Jail Alwar)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

Connected With S.B. Criminal Misc. Bail (Suspension of Sentence)

Application No.1215/2021

In

S.B. Criminal Appeal No. 1958/2021 Jahul S/o Idrish @ Iddi, R/o Ramsingh Ki Dhani, Tan Jairoli, Police Station Tijara, District Alwar (Raj.). Presently Jogeshwari Talluka Gangapur, District Aurangabad (Maharashtra).

(Presently Confined In Central Jail Alwar)

----Accused-Appellant Versus State Of Rajasthan, Through Public Prosecutor

----Respondent

For Appellant(s) : Mr. Chitrank Sharma For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

14/12/2021

(2 of 3)

Heard on applications for suspension of sentence.

Appellants have filed the appeals along with applications for

suspension of sentence.

The appeals have been preferred against the judgment dated

21.10.2021 passed by the court of Special Judge, Protection of

Children from Sexual Offences Act, 2012, No.1, Alwar in Sessions

Case No.39/2018(358/2017), by which the appellants have been

convicted under Section 376D of the Indian Penal Code and

Section 5G/6 of the POCSO Act and sentenced to maximum term

of twenty years.

It has been submitted by learned counsel for the appellants

that they have been falsely implicated in the case. Prosecutrix

(P.W.1), father of the prosecutrix (P.W.2), mother of the

prosecutrix (P.W.3) and other important witnesses have turned

hostile. They have not levelled any allegation against the accused-

appellants. Therefore, in view of the fact that all the important

witnesses including the prosecutrix have not supported the

prosecution version, learned trial court has erred in convicting and

sentencing the appellants. The appellants were on bail during trial

and presently, they are in custody. Hearing of appeals may take

long time.

Learned Public Prosecutor has opposed the applications 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 appellants, overall facts and circumstances of the case but

(3 of 3)

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the applications for suspension of

sentence.

Accordingly, the applications for suspension of sentence are

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

appellants Aalam S/o Aas Mohammad @ Genda and Jahul

S/o Idrish @ Iddi shall remain suspended till disposal of criminal

appeals and they be released on bail, provided each of them

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

their appearance in this Court on 17th January, 2022 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/48-49

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