Mukti @ Jitendra @ Jeetu S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7866 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence
                      Application No.880/2021
                                       In
               S.B. Criminal Appeal No. 1445/2021

Mukti @ Jitendra @ Jeetu S/o Shri Bablu Sharma, Aged About 28
Years, R/o Indira Gandhi Nagar, Police Station Udhyog Nagar,
Kota (Raj.) (At Present Confined In Central Jail Kota)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

20/12/2021 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 16.08.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Rights Act, 2005,

No.2, Kota in Special Sessions Case No.02/2018(CIS No.02/2018)

(Old No.22/2013), by which the appellant has been convicted

under Section 363 of IPC and 9m/10 of the POCSO Act and

sentenced to maximum term of five years.

It has been submitted by learned counsel for the appellant

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

(2 of 2)

been sentenced to a maximum term of five years for offence

under Section 9m/10 of the POCSO Act. He has already served

more than two years of sentence as per custody certificate. In one

case pending against him, learned concerned court has passed

sentence of Rs.500/- fine and it has been observed that this

conviction will not adversely affect the juvenile. There are material

contradictions and infirmities in the prosecution evidence. Hearing

of appeal may take long time.

Learned Public Prosecutor has opposed the application 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 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 Mukti @ Jitendra @ Jeetu S/o Shri Bablu Sharma

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 20th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J Hemant/77

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