Rajasthan High Court
Rohit Mehra Son Of Shri Mangilal ... vs State Of Rajasthan on 26 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No. 1149/2021
In
S.B. Criminal Appeal No. 1860/2021
Rohit Mehra Son Of Shri Mangilal Mehar, Aged About 21 Years,
R/o 9063, Meharon Ka Mohalla, Near Shiv Temple, Hasanpura-A,
Police Station Sadar, At Present Sultan Meena Ka Makan Devari,
Police Station Mansarovar, Jaipur (Presently Confined At Central
Jail Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Abdul Kayam
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
26/11/2021
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 of
conviction and sentence dated 27.10.2021 passed by the Court of
Additional Session Judge (Women Atrocity Cases), Jaipur
Metropolitan-II in Session Case No.72/2019 (CIS No.507/2019),
by which the appellant has been convicted for offence under
Section 363 of IPC and sentenced to four years of imprisonment.
4. It has been submitted by learned counsel for the appellant
that the appellant has been sentenced to four years of
(2 of 2) [CRLAS-1860/2021]
imprisonment for offence under Section 363 of IPC. As per
certificate under Rule 311(3) of the Rajasthan High Court Rules,
the appellant was on bail during trial. Now, he is in custody since
27.10.2021. Hearing of the appeal may take long time. It has
further submitted that the prosecutrix and the appellant have got
married and they are living together. There are material
contradictions and infirmities in the prosecution evidence.
5. Heard learned counsel for the parties and scanned the
evidence available on record carefully.
6. Learned Public Prosecutor has opposed the application for
suspension of sentence.
7. Taking into consideration the submissions of learned counsel
for the appellant, evidence available on record and 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.
8. Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence awarded to accused-
appellant Rohit Mehra Son Of Shri Mangilal Mehar 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 3 rd January, 2022
and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/27
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