Citation : 2021 Latest Caselaw 6291 Raj/2
Judgement Date : 9 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1775/2021
Vijaypratap @ VP S/o Shri Rajendra, Aged About 22 Years,
Resident Of Khoharra, Police Station Todabheem, District Karauli
(Raj)
----Accused/Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 09/11/2021 Heard.
Admit.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc.(SOS) Application No.1092/2021 :
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for
suspension of sentence.
This appeal has been preferred against the judgment of
conviction and sentence dated 18.10.2021 passed by the Court of
Special Judge, Protection of Children from Sexual Offences Act,
2012 and Commission of Child Rights Protection Act 2005, Karauli
in Sessions Case No.49/2019(CIS No.49/2019), by which the
appellant has been convicted under Sections 456, 354B of IPC and
Section 7/8 of the POCSO Act and sentenced to maximum term of
three years.
(2 of 2)
It has been submitted on behalf of the appellant that the
appellant was on bail during trial and at present, sentence of the
appellant has been suspended by the learned trial court for a
period of one month. It is further submitted that the maximum
sentence awarded to the appellant is of three years of
imprisonment for offence under Sections 456, 354B of IPC and
Section 7/8 of the POCSO Act. Decision of appeal is likely to take
considerable time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Heard learned counsel for the parties.
Taking into consideration the submissions of learned counsel
for the appellant, overall facts and circumstances of the case but
without commenting upon detailed merits of the case, this Court
deems just and proper to allow the application for suspension of
sentence.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellant Vijaypratap @ VP S/o Shri Rajendra shall remain
suspended till disposal of this criminal appeal and he be released
on bail, provided the appellant furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each to the
satisfaction of the learned trial court for his appearance in this
Court on 09th December, 2021 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/94
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