Citation : 2021 Latest Caselaw 6694 Raj/2
Judgement Date : 20 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1817/2021
Pradeep Singh S/o Shri Baldev Singh, Aged About 19 Years, R/o
Near Jheeri Ke Hanuman Ji Temple, Kansua DCM Kota, P.S Udyog
Nagar, Ladpura, District Kota Rajasthan
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Trilok Singh Rathore For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order
20/11/2021
Heard.
Appeal is admitted.
Record of the case be summoned.
S.B. Criminal Misc. (SOS) Application No.1119/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with
application for suspension of sentence.
The appeal has been preferred against the judgment of
conviction and sentence dated 22.10.2021 passed by the Court of
Special Judge, Prevention of Children from Sexual Offences Act
No.5, Kota (Raj.) in Special Session Case No.17/2019 (CIS
No.90/2019), by which the appellant has been convicted for
offences under Sections 363, 354 and 506 of IPC and Sections 7/8
and 11/12 of the POCSO Act, 2012 and sentenced to maximum
(2 of 2) [CRLAS-1817/2021]
term of three years.
It has been submitted by learned counsel for the
appellant that the appellant has been sentenced to maximum term
of three years for offences under Sections 7/8 and 11/12 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 his
sentence has been suspended for a period of one month by the
learned trial court. Presently, he is on bail.
Heard learned counsel for the parties.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
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 Pradeep Singh S/o Shri Baldev Singh 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 20 th December, 2021
and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/66
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