Satish Bheel S/O Bablu Babor vs State Of Rajasthan
2021 Latest Caselaw 5514 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                                No.895/2021

                                        In

                S.B. Criminal Appeal No. 1465/2021

Satish Bheel S/o Bablu Babor, R/o Bedawali Megh Nagar,
Jhabuya M.P. Raju Bhuriya Ka Makan Udiya Basti Workshop
Coloni Kota Jn.
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Appellant(s)          :     Mr. Mukesh Chauhan
For Respondent(s)         :     Mr. B.S. Sharma, PP



     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

POCSO Act Cases & Protection of Children Rights Commission Act 2005

No. 5 Kota vide its judgment dated 09.09.2021 in Sessions Case

No.29/2019 CIS No. 231/2019.

Learned counsel for the applicant/appellant has submitted

that during the trial, applicant was on bail. Sentence of the applicant

has been suspended for a period of one month by the court below.

Hence, sentence awarded to the applicant/appellant may be suspended

during pendency of the appeal.

On the other hand, learned Public Prosecutor appearing for

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

(2 of 2) [Sosa 895/2021]

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 Satish Bheel S/o

Bablu Babor 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/- (out of which one surety shall

be the resident of Kota district) each to the satisfaction of the learned

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

29.10.2021, thereafter, as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

ashu /46

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