Prithviraj Son Of Mangi Lal Bairwa vs State Of Rajasthan
2021 Latest Caselaw 5649 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Criminal Misc. (Suspension of Sentence)

                      Application No.975/2021

                                       In

               S.B. Criminal Appeal No. 1579/2021

Prithviraj Son Of Mangi Lal Bairwa, Resident Of Suwasa, Police
Station K. Patan, District Bundi (Raj.)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Appellant(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Imran khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

20/10/2021 Heard on application for suspension of sentence.

This application has been filed by the appellant seeking

suspension of sentence passed by the Court of Special Judge,

Protection of Children from Sexual Offences Act, No.2, Bundi in

Sessions Case No.33/2021, whereby, the learned trial Court has,

vide judgment dated 23.09.2021, convicted the appellant and

sentenced as under :-

Under Section 341 of IPC - Simple imprisonment of fifteen days and fine of Rs.500/- in default of payment of fine, further to undergo simple imprisonment of seven days additionally

(2 of 3) [CRLAS-1579/2021]

Under Section 354 of IPC - Simple imprisonment of three years and fine of Rs.5,000/- in default of payment of fine, further to undergo simple imprisonment of one month additionally Under Section 354D of IPC - Simple imprisonment of two years and fine of Rs.5,000/- in default of payment of fine, further to undergo simple imprisonment of one month additionally Under Section 7/8 POCSO Act- Simple imprisonment of three years and fine of Rs.5,000/- in default of payment of fine, further to undergo simple imprisonment of one month additionally U/s 11/12 POCSO Act - Simple imprisonment of two years and fine of Rs.5,000/- in default of payment of fine, further to undergo simple imprisonment of one month additionally

The appellant has been convicted under Sections 341, 354,

354D of IPC and Sections 7/8, 11/12 of the POCSO Act. Certificate

under Rule 311(3) of the Rules of Rajasthan High Court has been

placed on record, according to which the appellant was on bail

during trial and at present, his sentence has been suspended

during the period of one month for filing the appeal.

Heard both the parties and perused the impugned judgment

dated 23.09.2021.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Taking into consideration the submissions of learned counsel

for the appellant, evidence available on record and overall facts

and circumstances of the case but without commenting upon

detailed merits of the case, this Court deems just and proper to

allow the application for suspension of sentence.

(3 of 3) [CRLAS-1579/2021]

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Prithviraj S/o Mangi Lal Bairwa in Sessions Case No.

33/2021 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/- and two sureties of

Rs.25,000/- each to the satisfaction of the learned trial Court for

his appearance in this Court on 20th November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/68

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