Ganpat Singh Son Of Kishan Singh vs State Of Rajasthan
2021 Latest Caselaw 7613 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Criminal Appeal No. 2024/2021

Ganpat Singh Son Of Kishan Singh, Aged About 56 Years,
Resident Of Kukad, Police Station Todaraisingh, District Tonk
(Raj.)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

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

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order 14/12/2021

Heard.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1277/2021 :

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This 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, Tonk in Sessions Case No.63/2020, by which the appellant

has been convicted under Sections 341, 323, 354 of IPC and

Section 7/8 of the POCSO Act and sentenced to maximum term of

three years.

(2 of 2) [CRLAS-2024/2021]

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in the case. He has

been sentenced to a maximum term of three years for offence

under Section 7/8 of the POCSO Act and Section 354 of IPC. As

per certificate under Rule 311(3) of the Rajasthan High Court

Rules, the appellant was on bail during trial and at present, his

sentence has been suspended by the learned trial court. Presently,

he is on bail. Hearing of appeal may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties.

Taking into consideration the submissions of learned counsel

for the appellant, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems 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 Ganpat Singh S/o Kishan Singh shall remain

suspended till disposal of this criminal appeal and he 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 17th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/54

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