Sumit S/O Ramlal vs State Of Rajasthan
2021 Latest Caselaw 7885 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 2087/2021

Sumit S/o Ramlal, Aged About 27 Years, R/o Ward No. 7,
Kishanganj, Police Station Kishanganj, District Baran (Raj)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Jagmohan Bhardwaj 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. 1308/2021:-

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 06.12.2021 passed by court of Special Judge, POCSO Act,

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

Cases, No. 2, Baran, in Session Case No. 39/2018, CIS No.

183/2018 by which the appellant has been convicted for offence/s

under Sections 354(D) of IPC read with Section 11/12 of POCSO

Act and sentenced to maximum term of two years imprisonment.

(2 of 2) [CRLAS-2087/2021]

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

two years imprisonment for offence under 354(D) of IPC read with

Section 11/12 of POCSO Act. During trial, the appellant was on

bail. 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.

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 Sumit S/o Ramlal 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 /98

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