Ram Sahai Son Of Shri Gori Lal vs State Of Rajasthan
2021 Latest Caselaw 6873 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

        S.B. Criminal Misc. Bail (Suspension of Sentence)

                     Application No.1035/2021

                                       In

               S.B. Criminal Appeal No. 1685/2021

Ram Sahai S/o Shri Gori Lal, Resident Of Kalanpur, Police Station
Ramgarh Pachwara, District Dausa, At Present Resident Of
Shriram Vatika, Saint Marry School Ke Pichhe, Dausa, Police
Station Kotwali, District Dausa.
(At Present Accused Petitioner Confined In Central Jail Jaipur)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan - Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)         :     Mr. Babu Lal Bairwa
For Respondent(s)        :     Mr. Imran Khan, PP



        HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

24/11/2021

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 21.09.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Child Right Protection Act, 2005, Dausa

in Sessions Case No.02/2021 (CNR No. RJDS150000032021), by

which the appellant has been convicted under Section 9/10 of the

(2 of 3)

POCSO Act, 2012 (alternatively Section 354A of IPC) and

sentenced to maximum term of five years.

It has been submitted by learned counsel for the appellant

that the appellant has been falsely implicated in this case. No

independent witness has supported the prosecution story.

Statements of witnesses are contradictory. Learned trial court has

erred in convicting and sentencing the appellant. The appellant

has been sentenced to a maximum term of five years of

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

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

and now, he is confined in jail. He has already served about two

and half months of sentence. Hearing of appeal is likely to 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 Ram Sahai S/o Shri Gori Lal shall remain suspended

till disposal of this criminal appeal and he be released on bail,

provided the appellant furnishes a personal bond of Rs.1,00,000/-

(3 of 3)

and two sureties of Rs.50,000/- 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

Hemant/71

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