Citation : 2021 Latest Caselaw 5762 Raj/2
Judgement Date : 22 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No. 842/2021
IN
D.B. Criminal Appeal No. 392/2019
Umesh [email protected] S/o Shri Ramesh Chand Aged About 25
Years, R/o Near Radha Krishana Temple Thegada, P.s. Udyog
Nagar, Kota Distt. Kota Raj. (At Present Confined In Central Jail
Kota)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Applicant- : Mr. Sameer Sharma
Appellant(s)
For Respondent(s) : Mr. Javed Chaudhary, Addl. G.A.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
22/10/2021
1. Heard on application for suspension of sentence.
2. It is contended by counsel for the applicant-appellant that
applicant-appellant was on bail during trial. Applicant-appellant is
also a young boy aged 19 years at the time of alleged incident. It
is also contended that number of letters were written by the
prosecutrix to the applicant-appellant which have been exhibited
before the trial Court. It is further contended that there is cross
FIR. Disposal of appeal will take time.
3. Learned Public Prosecutor has opposed the application for
(2 of 2) [SOSA-842/2021]
suspension of sentence.
4. We have considered the contentions.
5. Taking note of the facts that applicant-appellant had just
attained the age of majority at the time of alleged incident. He
was on bail during trial. There is cross FIR. Prosecutrix was more
than 16 years of age and many letters were written by her to the
accused. Disposal of appeal will take time. We deem it proper to
allow the application for suspension of sentence.
6. Accordingly, the application for suspension of sentence is
allowed. It is ordered that the sentence awarded to accused-
appellant-applicant in Sessions Case No.20/2018 shall remain
suspended if the applicant-appellant furnishes a personal bond of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the learned trial Court to the effect that he shall
appear before this Court as and when called upon to do so.
(MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J
NIKHIL KR. YADAV /8
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