Citation : 2021 Latest Caselaw 7064 Raj/2
Judgement Date : 30 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1917/2021
Bhupendra S/o Mangilal Lashkari, R/o Pachada Ki Jhonpadiya
P.S. Simliya District Kota
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
30/11/2021
Heard.
Admit.
Record of the case be summoned.
List after two weeks.
IN SOS Application No. 1195/2021:-
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 18.11.2021 passed by court of Special Judge, POCSO Act
cases, No. 5, Kota in Session Case No. 44/2018, CIS No.
349/2018 by which the appellant has been convicted for offence/s
under Sections 454, 354 IPC and 7/8 of POCSO Act and sentenced
to maximum term of three years imprisonment.
(2 of 2) [CRLAS-1917/2021]
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 454, 354 of
IPC and 7/8 of POCSO Act. As per certificate under Rule 311(3) of
Rajasthan High Court Rules, the appellant was on bail during trial.
Now, his sentence has been suspended for one month by trial
court. Presently, he is on bail.
5. Learned Public Prosecutor has opposed the application
for suspension of sentence.
6. Heard learned counsel for the parties.
7. Taking into consideration the submissions of learned
counsel for the parties 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 Bhupendra S/o Mangilal Lashkari, 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 04.01.2022 and as
and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja/55
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