Mahaveer Singh S/O Shri Mohan ... vs State Of Rajasthan
2021 Latest Caselaw 5506 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                                No.912/2021

                                        In

                S.B. Criminal Appeal No. 1489/2021

        Mahaveer Singh S/o Shri Mohan Singh, Aged About 22
        Years, R/o Nai Basti, Madarpura, Police Station Alwar
        Gate, District Ajmer (Raj)
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. Vinay Pal Yadav, Advocate For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

01/10/2021 This application for suspension of sentence has been

preferred on behalf of the applicant/appellant under Section 389 of

Cr.P.C. to suspend the sentence awarded by the Court of Special Judge,

Protection of Children from Sexual Offences Act, 2012 and Commission

for Protection of Child Right Act, 2005 No.2, Ajmer vide its judgment

dated 07.09.2021 in Sessions Case No.67/2020 (45/2018).

Learned counsel for the applicant/appellant has submitted

that during trial the applicant was on bail and his sentence has already

been suspended by the trial Court for a period of one month. Hence,

sentence awarded to the applicant/appellant may be suspended during

pendency of the appeal.

(2 of 2) [SOSA-912/2021 in CRLAS-1489/2021]

On the other hand, learned Public Prosecutor appearing for

the State, has opposed the application for suspension of sentence.

Heard learned counsel appearing for the applicant/appellant

as well as learned Public Prosecutor and perused the material made

available on record.

Considering the submissions made by learned counsel for

the applicant/appellant and taking into consideration overall facts and

circumstances of the case; but without expressing any opinion on the

merits and demerits of the case, this court deems it just and proper to

suspend the sentence awarded to the applicant/appellant.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that execution of the sentence awarded by

the trial court to the applicant/appellant, namely Mahaveer Singh S/o

Mohan Singh shall remain suspended during the pendency of appeal;

provided he furnishes a personal bond in the sum of Rs.1,00,000/- with

two sureties in the sum of Rs.50,000/- each to the satisfaction of the

learned trial Court with the stipulation that he shall appear before this

Court on 09.11.2021, thereafter, as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar/64

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