Munesh S/O Ramnarayan vs State Of Rajasthan
2021 Latest Caselaw 5866 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Misc. Suspension of Sentence
                      Application No.879/2021
                                       In
              S.B. Criminal Appeal No. 1441/2021
1. Munesh S/o Ramnarayan,
2. Amar Singh @ Pintu S/o Jagannath,
Both R/o Village Mainapura, Police Station Bhusawar, District
Bharatpur (Raj.)
(At Present Confined In Central Jail Sewar, Bharatpur)
                                                       ----Accused-Appellants
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Appellant(s)         :     Mr. Yogesh Singhal
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.

Appellants have filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 03.09.2021 passed by the Court of

Special Judge, Protection of Child from Sexual Offence Act, 2012

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

Bharatpur in Sessions Case No.47/2018(75/2016), by which the

appellants have been convicted under Sections 363 and 323 of IPC

and sentenced to maximum term of five years.

It has been submitted on behalf of the appellants-Munesh

and Amar Singh that the appellants have been acquitted of the

(2 of 2)

charges under Sections 376D and 5/6 of the POCSO Act, 2012

while they have been convicted under Sections 323 and 363 of IPC

and sentenced to maximum term of five years of imprisonment for

offence punishable under Section 363 of IPC. As per certificate

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

appellants were on bail during trial and they are in judicial custody

since 03.09.2021 (date of judgment of the trial court).

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 appellants, 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-

appellants Munesh S/o Ramnarayan and Amar Singh @ Pintu S/o

Jagannath shall remain suspended till disposal of this criminal

appeal and they be released on bail, provided each of them

furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each to the satisfaction of the learned trial court for

their appearance in this Court on 25th November, 2021 and as and

when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/76

Powered by TCPDF (www.tcpdf.org)