Yayati S/O Late Sh. Ajay vs State Of Rajasthan
2021 Latest Caselaw 7647 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S. B. Criminal Suspension of Sentence App. No. 1226/2021
                                        IN
                 S.B. Criminal Appeal No. 1808/2021

Yayati S/o Late Sh. Ajay, Aged About 24 Years, R/o Flat No. A
110, Parsvanath Enclave, Vatika PS Sanganer Jaipur (At Present
In Central Jail, Jaipur)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s)          :     Ms. Purvi Mathur
                                Mr. Kushagra Sharma
For Respondent(s)         :     Mr. Bhawani Shankar Sharma, PP


          HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                                     Order

15/12/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 28.09.2021 passed by court of learned Special Judge,

POCSO Act, 2012, No. 3, Jaipur Metropolitan-I in Sessions Case

No. 06/2021 (241/2019) by which the appellant has been

convicted for offence/s under Section 9(f)/10 of POCSO Act and

sentenced to maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case

due to school fee. The statements of other children studying in

the class have not been recorded during the investigation and this

(2 of 2) [SOSA-1226/2021]

defect has not been pointed out even by trial court in the

impugned judgment. The eye witnesses have not been examined

in this case. As per certificate under Rule 311(3) of the Rajasthan

High Court Rules, the appellant was on bail during trial and now

he is confined in Central Jail, Jaipur. Appellant has been

sentenced to maximum term of five years. Hearing of the appeal

may take considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record 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-

appellant Yayati S/o Late Sh. Ajay 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. 1,00,000/-

(One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each

to the satisfaction of the learned trial Court for his appearance in

this Court on 17.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /25

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