Citation : 2021 Latest Caselaw 6585 Raj/2
Judgement Date : 16 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1835/2021
Aakash Meena S/o Ramswaroop Meena, Aged About 21 Years,
R/o Budhel, Police Station, Lakheri District Bundi (Rajasthan)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Sanjay Mehrish
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
16/11/2021
Heard.
Admit. Record of the case be summoned.
IN SOS Application No. 1136/2021:-
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with
application for suspension of sentence.
3. The appeal has been preferred against the judgment
dated 28.10.2021 passed by court of Special Judge, Protection of
Children From Sexual Offences Act, 2012 and Child Right
Protection Commission Act, 2005, No. 2, Bundi (Raj.) in Sessions
Case No. 50/2021 by which the appellant has been convicted for
offence/s under Sections 354A of IPC and 7/8 of POCSO Act, 2012
and sentenced to maximum term of two years imprisonment.
(2 of 2) [CRLAS-1835/2021]
4. It has been submitted by learned counsel for the
appellant that appellant has been sentenced to maximum term of
two years imprisonment for offence under Section 354A IPC and
7/8 of POCSO Act, 2012. As per certificate under Rule 311(3) of
Rajasthan High Court Rules, the appellant was on bail during trial
and now his sentence has been suspended for one month by
learned trial court. Presently, he is on bail.
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.
8. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
appellant Aakash Meena S/o Ramswaroop Meena, 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. 50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-
(Twenty Five Thousand) each to the satisfaction of the learned
trial Court for his appearance in this Court on 16.12.2021 and as
and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /65
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