Suraj Suman S/O Shri Mahendra ... vs State Of Rajasthan
2021 Latest Caselaw 7884 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   S.B. Criminal Appeal No. 2088/2021

Suraj Suman S/o Shri Mahendra Suman, R/o Phatak Ke Pass Gali
No. 1, Ramchandrapura, Chhawni P.S. Gumanpura Kota
                                                                          ----Appellant
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                        ----Respondent

For Appellant(s) : Mr. Lalit Sharma for Mr. Samarth Sharma 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. 1309/2021:-

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 26.11.2021 passed by court of Special Judge, POCSO Act,

2012, No. 5, Kota (Raj.) in Special Session Case No. 73/2018 (CIS

No. 231/2018) by which the appellant has been convicted for

offence/s under Sections 363, 366 IPC and sentenced to

maximum term of three years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

(2 of 2) [CRLAS-2088/2021]

three years imprisonment for offence under Sections 366 and 363

IPC. There are material contradictions and infirmities in the

prosecution evidence. 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 under the provisions of Section 389 of Code of Criminal

Procedure. 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.

7. Taking into consideration the submissions of learned

counsel for the parties 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 Suraj Suman S/o Shri Mahendra Suman, 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 /99

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