Jitendra S/O Timan vs State Of Rajasthan
2021 Latest Caselaw 7887 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S. B. Criminal Suspension of Sentence App. No. 1263/2021
                                        IN
                 S.B. Criminal Appeal No. 2027/2021

Jitendra S/o Timan, Resident Of Village Pathena, Police Station
Bhusawar, District Bharatpur (At Present Accused Appellant Is
Confined In Bharatpur Jail)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through The P.P.
                                                                 ----Respondent

For Appellant(s) : Mr. Prakash Chand Thakuriya For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

20/12/2021

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 24.11.2021 passed by court of Special Court, POCSO Act,

2012 and Commission for Protection of Child Rights Act, 2005, No.

1, Bharatpur in Sessions Case No. 10/2020 (11/2020) by which

the appellant has been convicted for offence/s under Sections 7/8

of POCSO Act and sentenced to maximum term of three years

imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been falsely implicated in the case.

He has been sentenced to maximum term of three years

(2 of 2) [SOSA-1263/2021]

imprisonment for offence under Section 7/8 of POCSO Act. As per

custody certificate, he has already served more than two years of

sentence. There are no criminal antecedents of the appellant. He

has already served half of the sentence. There are material

contradictions and infirmities in the prosecution evidence. 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 Jitendra S/o Timan 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 /90

Powered by TCPDF (www.tcpdf.org)