Balwant Singh S/O Mansingh vs State Of Rajasthan
2021 Latest Caselaw 5556 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                                 No.936/2020

                                         In

                S.B. Criminal Appeal No. 1251/2020

Balwant Singh S/o Mansingh, R/o Ward No. 07, Kasba Tijara
Police Station Tijara Distt. Alwar Raj. (Presently Confined In
Central Jail Alwar)
                                                                    ----Appellant
                                     Versus
State Of Rajasthan, Through P.P.
                                                                  ----Respondent

For Appellant(s) : Mr. Kapil Gupta, Advocate For Respondent(s) : Mr. B.S. Sharma, Public Prosecutor Mr. Gajendra Singh Rathore, Advocate for complainant

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

04/10/2021 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, 2012 and Children Rights Protection Act, 2005 No.4, Alwar

vide its judgment dated 24.07.2020 in Sessions Case No.45/2018.

Learned counsel for the applicant/appellant submits that as

per FIR prosecutrix is aged about 17 years. Counsel submits that the

applicant/appellant was on bail during trial and presently he is behind

the bars since 24.07.2020. Counsel further submits that the prosecutrix

PW-1 in her court statement has not supported the prosecution's story

with regard to the accused-appellant. Counsel also submits that the

(2 of 2) [SOSA-936/2020 in CRLAS-1251/2020]

applicant/appellant has no criminal antecedents. 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 and learned counsel for the complainant, both have 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 the statement of prosecutrix PW-1 recorded

during trial; 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 Balwant Singh S/o

Mansingh 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 28/10/2021, thereafter, as and when called upon to do so.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /20

Powered by TCPDF (www.tcpdf.org)