Mahavir Son Of Shri Surajmal vs State Of Rajasthan
2021 Latest Caselaw 5557 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.521/2021

                                       In

                S.B. Criminal Appeal No. 819/2021

Mahavir Son Of Shri Surajmal, Resident Of Village Bagdooli
Police Station Bonli District Sawaimadhopur. At Present In
Central Jail, Bharatpur
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through The P.p
                                                                ----Respondent

For Appellant(s) : Mr. Harendra Singh Sinsinwar and Mr. Dharmendra Chaudhary For Respondent(s) : Mr. Imran Khan, PP

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 Commission for Protection of Children Act, 2005,

Sawaimadhopur vide its judgment dated 9.04.2021 in Sessions Case

No.30/2020.

Learned counsel for the applicant/appellant submits that as

per FIR Exhibit-P-25, victim was 16 years of age. During trial, father

(PW-9) and mother (PW-10) of the victim and victim (PW-11) herself

were declared hostile witnesses and the appellant was on bail.

Appellant has been in judicial custody since 9.4.2021. Appellant has no

(2 of 2) [CRLAS-819/2021]

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 looking to the statements of PW-4 Dr.

Deepali Pathak and PW-8 Dr. Anil Kumar Gurjar 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 Mahavir son of Shri

Surajmal 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

Anand/OM/33

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