Naveen Son Of Tufel Khan vs State Of Rajasthan
2021 Latest Caselaw 6591 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 935/2021
                                        IN
                S.B. Criminal Appeal No. 1515/2021

Naveen Son Of Tufel Khan, Aged About 36 Years, Resident Of
Ward No. 2, Gaddi Basti, Mirzapur, Police Station Gangapur City
(At Present Confined In District Sawai Madhopur)
                                                                     ----Appellant
                                    Versus
1. State Of Rajasthan, Through P.P

                                               ----Respondent

2. Lekhraj Son of Ramavtar, Resident of Sed Road Gaddi Mirzapur, Ward No. 2, Gangapur City, district Sawai Madhopur (Raj.)

----Complainant/Respondent

For Appellant(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

16/11/2021

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 17.09.2021 passed by court of Special Judge, SC/ST

(Prevention of Atrocities) Cases, Sawai Madhopur (Raj.) in

Sessions Case No. 128/2017 by which the appellant has been

convicted for offence/s under Sections 341, 323, 325, 354 of IPC

and 3-1(r), 3-1(s) of SC/ST (Prevention of Atrocities) Act, 1989

and sentenced to maximum term of five years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [SOSA-935/2021]

appellant that appellant has been sentenced to maximum term of

five years imprisonment for offence under Section 354 IPC.

During trial, he was on bail. Now, he is in judicial custody since

date of judgment of the trial court i.e. 17.09.2021. Hearing of the

appeal may take long time. Appellant has been falsely implicated

in the case. There are several material contradictions in the

prosecution case.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record 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 Naveen Son Of Tufel Khan 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 /59

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