Jitendra @ Sanwara Son Of ... vs State Of Rajasthan
2021 Latest Caselaw 5856 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

          S.B. Criminal Suspension of Sentence Application

                                No.926/2021
                                        in

                 S.B. Criminal Appeal No. 1505/2021

Jitendra @ Sanwara Son Of Brijmohan, Aged About 21 Years,
Resident Of Nohalya, Police Station Ataru, District Baran (Raj)
                                                          ----Appellant-Accused
                                     Versus
State Of Rajasthan, Through Public Prosecutor
                                                                  ----Respondent

For Appellant(s) : Mr. Virendra Sharma for Mr. Pushpendra Kumar Pandey For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

25/10/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 07.09.2021 passed by the Court of

Special Judge, POCSO Act, 2012 and Child Right Protection Act,

2005 No.1, Baran in Sessions Case No.171/2018(CIS

No.239/2018), by which the appellant has been convicted under

Section 363 of IPC and sentenced to maximum term of three

years.

(2 of 2) [CRLAS-1505/2021]

It has been submitted on behalf of the appellant that the

appellant has been convicted under Section 363 of IPC and

sentenced to three years of imprisonment. As per certificate under

Rule 311(3) of the Rajasthan High Court Rules, 1952, the

appellant was on bail during trial and his sentence has been

suspended for a period of one month. Presently, he is on bail.

Heard learned counsel for the parties.

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 Jitendra @ Sanwara S/o Brijmohan 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 25th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/73

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