Pawan Meena S/O Shobhagmal vs State Of Rajasthan
2021 Latest Caselaw 6998 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1901/2021

Pawan Meena S/o Shobhagmal, Aged About 30 Years, R/o Jaloda
Tejaji, Police Station Mangrol, District Baran (Raj)
                                                                     ----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 two weeks.

IN SOS Application No. 1180/2021:-

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

dated 12.11.2021 passed by court of Special Court Judge, POCSO

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

cases, No. 1, Baran (Raj.) in Session Case No. 144/2018 (CIS No.

338/2018) by which the appellant has been convicted for

offence/s under Sections 323 read with Section 34, 341 of IPC and

7/8 of POCSO Act and sentenced to maximum term of three years

(2 of 2) [CRLAS-1901/2021]

imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

three years imprisonment for offence under Section 7/8 POCSO

Act. During trial, he was on bail. Now, his sentence has been

suspended for one month by trial court. Presently, he is on bail.

Hearing of the appeal may take considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

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 Pawan Meena S/o Shobhagmal 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 03.01.2022 and as and when called

upon to do so.

(MANOJ KUMAR VYAS),J Pooja /29

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