Mukut Bihari Son Of Bisanlal ... vs State Of Rajasthan
2021 Latest Caselaw 5776 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence
                     Application No.1025/2021
                                       In
               S.B. Criminal Appeal No. 1671/2021

Mukut Bihari Son Of Bisanlal Meghwal, R/o near Government
School Karad Ka Bardha, Police Station Talera, District Bundi
(Rajasthan).
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s)         :     Mr. Atul Jain for
                               Mr. Govind Lal Choudhary
For Respondent(s)        :     Mr. Imran Khan, PP


        HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                                    Order

22/10/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 05.10.2021 passed by the Court of

Special Judge, Prevention of Children from Sexual Offences Act,

2012 and Commission for Protection of Child Right Act, 2005 No.2,

Bundi in Sessions Case No.107/2020, by which the appellant has

been convicted under Section 452, 341, 323 and 354 of IPC and

sentenced to maximum term of two years.

It has been submitted on behalf of counsel for the appellant

that the appellant has been acquitted for offence under Sections

(2 of 2) [CRLAS-1671/2021]

354B and 376(2)(F) of IPC, while he has been convicted for

offence under Sections 452, 341, 323 and 354 of IPC and

sentenced to maximum two years of imprisonment. There are

several material contradictions and infirmities in the evidence of

prosecution. As per certificate under Rule 311(3) of the Rajasthan

High Court Rules, it has been submitted that the petitioner was on

bail during trial and the learned trial court has suspended the

sentence for one month.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

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.

Accordingly, the application for suspension of sentence is

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

appellant Mukut Bihari Son Of Bisanlal Meghwal shall remain

suspended till disposal of this criminal appeal and he 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 23rd November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/68

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