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Bhupendra S/O Mangilal Lashkari vs State Of Rajasthan
2021 Latest Caselaw 7064 Raj/2

Citation : 2021 Latest Caselaw 7064 Raj/2
Judgement Date : 30 November, 2021

Rajasthan High Court
Bhupendra S/O Mangilal Lashkari vs State Of Rajasthan on 30 November, 2021
Bench: Manoj Kumar Vyas
       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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