Rajasthan High Court
Pradeep Meena S/O Sh. Rudmal vs State Of Rajasthan on 16 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Suspension of Sentence App. No. 309/2021
IN
S.B. Criminal Revision Petition No. 1159/2021
Pradeep Meena S/o Sh. Rudmal, Aged About 21 Years, R/o
House No. 2-Cha-17, Housing Board, Police Station Bhatta Basti,
Jaipur (At Present Confined In Observation /juvenile Home,
Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vivek Goyal
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
16/12/2021
1. Heard on application for suspension of sentence.
2. The petitioner has filed the revision petition along with
application for suspension of sentence.
3. The revision petition has been preferred against the
judgment dated 09.09.2021 passed by the court of the Special
Court, POCSO Act, 2012 and Child Rights Protection Commission
Act, 2005, Jaipur District Jaipur(the Appellate Court) in Criminal
Appeal No. 07/2020(NCV No. 07/2020) affirming the order dated
18.03.2020 passed by the court of Juvenile Justice Board, No. 2,
Jaipur(the trial court) in Criminal Case No.582/2018 by which the
petitioner has been convicted for offence/s under Sections 366-A,
343, 376-D IPC and under Sections 3/4, 5/6 and 16/17 of POCSO
(2 of 3) [SOSR-309/2021]
Act read with 120-B of IPC and sentenced to maximum term of
three years detention in Special Home.
4. It has been submitted by learned counsel for the
petitioner that petitioner has been falsely implicated in the case.
He has been sentenced to maximum term of three years detention
in the Special Home. He has already served about one year of
detention. During the course of enquiry as well as during
pendency of the appeal, the petitioner was on bail. Now, he is in
custody since 6.10.2021. Prosecutrix-PW1 has stated in her
examination that the petitioner did not commit any rape upon her.
Hearing of the petition 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 petitioner, 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-
petitioner Pradeep Meena S/o Sh. Rudmal shall remain suspended
till disposal of this revision petition and he shall be released on
bail provided the petitioner furnishes a personal bond of Rs.
50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-
(Twenty Five Thousand) each to the satisfaction of the learned
(3 of 3) [SOSR-309/2021]
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 /32
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