Vikash Kumar S/O Shri Lakhanlal vs State Of Rajasthan
2021 Latest Caselaw 6792 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1866/2021

Vikash Kumar S/o Shri Lakhanlal, Aged About 23 Years, R/o
Kunjela, P/s Nadoti, District Karauli.
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

22/11/2021

Heard.

Appeal is admitted.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1152/2021

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 28.10.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences, Act,

2012 and Commission for Protection of Child Rights Act, 2005,

Karauli (Raj.) in Session Case No.27/2020 (CIS No.27/2020), by

which the appellant has been convicted for offences under

(2 of 2) [CRLAS-1866/2021]

Sections 456, 354 of IPC and Section 7/8 of the POCSO Act and

sentenced to maximum 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 of imprisonment. As per certificate under Rule 311(3) of the

Rajasthan High Court Rules, the appellant was on bail during trial.

Now, his sentence has been suspended for a period of one month.

Presently, he is on bail. Hearing of the appeal may take long time.

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 Vikash Kumar S/o Shri Lakhanlal 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/-

and two sureties of Rs.25,000/- each to the satisfaction of the

learned trial court for his appearance in this Court on 03 rd

January, 2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/60

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