Kuldeep Mahawar S/O Chaturbhuj ... vs State Of Rajasthan
2021 Latest Caselaw 6979 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Criminal Appeal No. 1912/2021

Kuldeep Mahawar S/o Chaturbhuj Koli, Aged About 35 Years, R/o
Ward No. 1, Bardiya, Anta, Police Station Anta, District Baran
(Raj.)
                                                          ----Accused-Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s) : Mr. Khizer Iqbal Khan For Respondent(s) : Mr. Bhawani Shankar Sharma, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order 29/11/2021

Heard.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. Suspension of Sentence Application

No.1188/2021 :

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 15.11.2021 passed by the Court of

Special Judge, Protection of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Rights Act, 2005

Cases, No.2, Baran in Sessions Case No.28/2020(CIS

No.10/2019), by which the appellant has been convicted under

Section 354 of IPC and Section 7/8 of the POCSO Act R/w Section

(2 of 2) [CRLAS-1912/2021]

354(d) of IPC and sentenced to maximum term of three years.

It has been submitted that the appellant has been sentenced

to a maximum term of three years for offence under Section 354

of IPC and Section 7/8 of the POCSO Act. As per certificate under

Rule 311 of the Rajasthan High Court Rules, the appellant was on

bail during trial and now, his sentence has been suspended by the

trial court for a period of one month. Presently, he is on bail.

Hearing of appeal may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties.

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 Kuldeep Mahawar S/o Chaturbhuj Koli shall remain

suspended till disposal of this criminal appeal and he 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 03rd January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/31

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