Mohammad Ajruddin Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 2342 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

     S.B. Criminal Suspension of Sentence Application No.425/2021

                                         in

                   S.B. Criminal Appeal No. 656/2021

Mohammad Ajruddin Son Of Salimuddin, Aged About 28 Years,
Resident Of Keshar Bag, Police Station Borkheda, Kota (Raj) (At
Present In Central Jail, Kota)
                                                                    ----Appellant
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent

For Appellant(s) : Mr. Rajesh Kumar Sharma through VC For Respondent(s) : Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA ( V.J.)

Order

04/06/2021

1. The accused appellant in Sessions Case No.126/2018 arising

out of FIR No.45/2018 registered at Police Station Gumanpura,

Kota, was convicted for the offences under Sections 376 of IPC by

Special Judge POCSO Act No.3, Kota vide judgment dated

26.03.2021 and sentenced to undergo fourteen years rigorous

imprisonment and fine of Rs.50,000/-, in default to undergo two

years simple imprisonment. He has preferred the appeal alongwith

the present application for suspension of sentence.

2. Reply to application has been filed.

3. Heard learned counsel for the parties on applicaiton for

suspension of sentence and perused the material made available

on record.

(2 of 2) [CRLAS-656/2021]

4. Learned counsel for the appellant submits that the appellnat is

quite innocnet and he was granted the benefit of anticipatory bail.

He further submits that he was not taken into custody even during

the course of the investigation. This is a matter of consent

between two adult persons. FIR was registered after an inordiante

delay of more than two years. The appellant remained on bail

throughout during trial. The disposal of appeal shall take time. The

application for suspension of sentence deserves to be allowed.

5. Learned counsel for respondent has opposed the application

for suspension of sentence.

6. Considerable questions have been raised on behalf of hte

appellant, therefore, having regard to the fact that appellant was

granted the benefit of anticipatory bail and he remained on bail

throughout during trial, the application for suspension of sentence

is allowed, the sentence imposed upon the appellant is suspended

and it is directed that the accused appellant-Mohammad Ajruddin

Son Of Salimuddin be released on bail provided he furnishes a

personal bond in the sum of Rs.1,00,000/- (Rs.One lac) together

with two sureties of the sum of Rs.50,000/- (Rs.Fifty Thousand)

each to the satisfaction of the learned trial court with the

stipulation that he shall appear before this court on 19-7-2021

and on all subsequent dates of hearing and as and when he is

called upon to do so.

(SATISH KUMAR SHARMA),J

chandan/72

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