Kamlesh Kumar S/O Shri Jhuntharam vs State Of Rajasthan
2021 Latest Caselaw 6231 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1306/2021

Kamlesh Kumar S/o Shri Jhuntharam,
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.p
                                                                 ----Respondent

Connected With S.B. Criminal Appeal (Sb) No. 1307/2021 Jitendra @ Jitu Saini S/o Rajendra Prasad, Aged About 22 Years, R/o Balaji Nagar Railway Station Fatak, Tan Mavada, R.s. District Sikar, At Present In Central Jail Sikar

----Appellant Versus State Of Rajasthan, Through P.p

----Respondent

For Appellant(s) : Mr. Pradeep Bochaliya for Mr. Vijay Poonia Mr. Manish Sharma For Respondent(s) : Mr. Yashwant Kankhadea, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

08/11/2021

IN S.B. Criminal Appeal No. 1306/2021:-

Learned counsel for the petitioner seeks an adjournment.

List after four weeks.

IN Suspension of Sentence Appl. No. 755/2021 IN S.B. Criminal Appeal No. 1307/2021:-

1. Heard on application for suspension of sentence.

2.        The      appellant      has     filed     the     appeal    along   with


                                      (2 of 3)                     [CRLAS-1306/2021]

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 30.06.2021 passed by court of Special Judge, Protection of

Children From Sexual Offence Act, 2012 and child Rights

Protection Commission 2005, Sikar Raj. (trial court) in Criminal

Case No. 120/2018 (154/2017) by which the appellant has been

convicted for offence/s under Sections 366A, 342 IPC and

sentenced to maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been convicted under Section 366A

and 342 IPC and sentenced to maximum term of five years of

imprisonment. He has been acquitted from rest of the offences

for which he was charged under IPC and POCSO Act. Appellant is

in custody since date of arrest i.e. 20.04.2017. Out of sentence of

5 years, he has served 4 years and 7 months. Decision of the trial

may take considerable time. Application for suspension of

sentence of similarly situated co-accused-Mukendra has been

allowed by Coordinate Bench of this Court vide order dated

06.08.2021.

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.

(3 of 3) [CRLAS-1306/2021]

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

appellant Jitendra @ Jitu Saini S/o Rajendra Prasad 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. 1,00,000/- (One lakh) and two sureties of Rs.50,000/-

(Fifty Thousand) each to the satisfaction of the learned trial Court

for his appearance in this Court on 08.12.2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /83-84

Powered by TCPDF (www.tcpdf.org)