Mukesh Kumar @ Tony Son Of Hariram @ ... vs State Of Rajasthan
2021 Latest Caselaw 5860 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 688/2021
                                        IN
                S.B. Criminal Appeal No. 1247/2021

Mukesh Kumar @ Tony Son Of Hariram @ Harichandra, Aged
About 23 Years, Resident Of Kailash, Police Station
Khatushyamji, District Sikar (Raj) (At Present In District Jail,
Sikar)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Ripu Daman Singh Naruka Ms. Prishaa Singh Sisodia For Respondent(s) : Mr. Yashwant Kankhadea, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

25/10/2021

1. Heard on application for suspension of sentence.

2. The appellant has filed the appeal along with

application for suspension of sentence.

3. The appeal has been preferred against the judgment

dated 28.07.2021 passed by court of Special Judge, Protection of

Children from Sexual Offences Act, 2012 and Commission for Child

Rights Protection Act, 2005, Sikar (Raj.) in Sessions case CIS No.

38/2019, by which the appellant has been convicted for offence/s

under Sections 341, 323, 354(A)(2), 354(B) of IPC and Section

7/8 of Protection of Children from Sexual Offences Act and

sentenced to maximum term of four years imprisonment.

4. It has been submitted by learned counsel for the

(2 of 2) [CRLAS-1247/2021]

appellant that appellant has been sentenced to maximum term of

four years imprisonment. As per certificate under Rule 311(3) of

Rajasthan High Court Rules, 1952, the appellant was on bail

during trial. Now, he is in judicial custody since date of judgment

i.e. 28.07.2021. There are several infirmities and material

contradictions in the prosecution case. Decision of appeal may

take considerable time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties and overall facts and circumstances of the

case but without commenting upon merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

8. Accordingly, the application for suspension of sentence

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

appellant Mukesh Kumar @ Tony Son Of Hariram @ Harichandra

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/- (Fifty Thousand) and two sureties

of Rs.25,000/- (Twenty Five Thousand) each to the satisfaction of

the learned trial Court for his appearance in this Court on

25.11.2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja/61

Powered by TCPDF (www.tcpdf.org)