Dinesh Kumar Saini S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7882 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 2094/2021

Dinesh Kumar Saini S/o Shri Pappulal Saini, Aged About 19
Years, R/o Bala Ki Nangal, P.S. Shivdaspura Jaipur
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

20/12/2021

Heard.

Record of the case be summoned.

List after four weeks.

IN SOS Application No. 1314/2021:-

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 07.12.2021 passed by court of Special Judge, POCSO Act,

2012, No. 2, Jaipur Metropolitan-I, in Session Case No. 24/2021

by which the appellant has been convicted for offence/s under

Section 11/12 of POCSO Act and sentenced to maximum term of

two years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [CRLAS-2094/2021]

appellant that appellant has been falsely implicated in the case.

He has been sentenced to maximum term of two years

imprisonment for offence under Section 11/12 of POCSO Act. As

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

Rules, appellant was on bail during trial and now, his sentence has

been suspended for one month by trial court. Presently, he is on

bail. 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 Dinesh Kumar Saini S/o Shri Pappulal Saini 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.50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-

(Twenty Five Thousand) each to the satisfaction of the learned

trial Court for his appearance in this Court on 20.01.2022 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /102

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