Goergish Breeto S/O John Breeto vs State Of Rajasthan
2021 Latest Caselaw 7056 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Appeal No. 1567/2021

GoergishBreeto S/o John Breeto, Aged About 30 Years, R/o 248,
Near Sarkari Hospital, Muttam, District Kanyakumari (Tamil
Nadu). At Present Principal, St. Anslem School, Mungaska, P.S.
Aravalivihar, Distt. Alwar (Raj.)
                                                         ----Appellant/Accused
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s)         :     Mr. Anirudh Tyagi
For Respondent(s)        :     Mr. Imran Khan, PP



        HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

30/11/2021
     Heard.

     Admit.

S.B.  Criminal      Suspension              of      Sentence       Application
No.966/2021 :

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 23.09.2021 passed by the Court of

Special Judge, Prevention of Children from Sexual Offences Act,

2012 and Commission of Protection of Child Rights Act 2005,

No.3, Alwar in Sessions Case No.24/2021, by which the appellant

has been convicted under Section 354A(1)(i) and Section 11/12 of

(2 of 2) [CRLAS-1567/2021]

the POCSO Act and sentenced to maximum term of one year.

It has been submitted by learned counsel for the appellant

that the appellant has been sentenced to a maximum term of one

year imprisonment for offence under Section 11/12 of the POCSO

Act. As per certificate under Sub-Rule (3) of Rule 311 of Rules of

High Court of Judicature for Rajasthan, 1952, the appellant was on

bail during trial and presently, his sentence has been suspended

till 24.10.2021. Hearing of appeal may 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 GoergishBreeto S/o John Breeto 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

Aks/Hemant/-46

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