Mohammad Haneef @ Chinkal Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 6296 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1778/2021

Mohammad Haneef @ Chinkal S/o Kamruddin, Aged About 22
Years, Resident Of Gubreda, Police Station Mansalpur, District
Karauli
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Malkhan Chaturvedi 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.1094/2021 :

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 21.10.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act

2012 and Child Right Protection Commission 2005, Karauli in

Sessions Case No.01/2021(CIS No.01/2021), by which the

appellant has been convicted under Sections 354, 354A of IPC and

(2 of 3)

Section 7/8 of the POCSO Act, 2012 and sentenced to maximum

term of three years.

It has been submitted on behalf of the appellant that the

appellant has been falsely implicated in the case. He has been

sentenced to a maximum term of three years of imprisonment for

offence under Sections 354, 354A of IPC and Section 7/8 of the

POCSO Act. As per certificate under Rule 311(3) of the Rajasthan

High Court Rules, the appellant was on bail during trial and at

present, his sentence has been suspended for a period of one

month after pronouncement of judgment dated 21.10.2021.

Decision of appeal may 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 Mohammad Haneef @ Chinkal S/o Kamruddin 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

(3 of 3)

Court on 09th December, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/95

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