Danaram S/O Shri Boduram vs State Of Rajasthan
2021 Latest Caselaw 6395 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Criminal Misc. Application for Suspension of

                         Sentence No.417/2021

                                          In

                  S.B. Criminal Appeal No. 638/2021

Danaram S/o Shri Boduram, Aged About 50 Years, Resident Of
Mored,   Police     Station      Makrana,        District         Nagaur.   Presently
Residing As Tenant At Prabhulal Prajapat House, Bajrang Colony,
Gandhinagar,       Police       Station     Gandhinagar,            District   Ajmer.
(Accused Confined In Central Jail, Ajmer)
                                                           ----Accused-Appellant
                                     Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent

For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

11/11/2021 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 23.03.2021 passed by the Special

Court, Protection of Children from Sexual Offences Act, 2012 and

Commission for Protection of Child Rights Act 2005, No.1, Ajmer in

Sessions Case No.111/2019, by which the appellant has been

convicted under Section 9(m)/10 of the POCSO Act and sentenced

to maximum term of five years.

(2 of 2)

It has been submitted on behalf of the appellant that the

appellant was on bail during trial and now, he is in judicial custody

since 23.03.2021. There are no criminal antecedents of the

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

several contradictions and infirmities in the prosecution case.

Hearing of appeal may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

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 Danaram S/o Shri Boduram 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 13 th

December, 2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/13

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