Durgalal S/O Bajrang Lal Mali vs State Of Rajasthan
2021 Latest Caselaw 6932 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1894/2021

Durgalal S/o Bajrang Lal Mali, Aged About 28 Years, R/o
Ganeshganj, Police Station Hindoli, District Bundi (Rajasthan)


                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s)          :     Mr. Ajay Singh
For Respondent(s)         :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

25/11/2021

          Heard.

          Appeal is admitted.

          Record of the case be summoned.

          List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1175/2021

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 10.11.2021 passed by the Special

Court, Protection of Children from Sexual Offences Act, 2012 and

Commission for Protection of Child Rights Act, 2005, No.2, Bundi

(Rajasthan) in Session Case No.64/2020, by which the appellant

(2 of 3) [CRLAS-1894/2021]

has been convicted for offences under Sections 354-C of IPC and

Section 67 of the Information Technology Act, 2000 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 for offence under Section 354-C of

IPC and Section 67 of the Information Technology Act, 2000. 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 by the learned trial court 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 it 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 Durgalal S/o Bajrang Lal Mali 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.1,00,000/-

(One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each

to the satisfaction of the learned trial court for his appearance in

(3 of 3) [CRLAS-1894/2021]

this Court on 3rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

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