Narayan Gurjar Son Of Shri Gheesa ... vs State Of Rajasthan
2021 Latest Caselaw 6095 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1732/2021
Narayan Gurjar Son Of Shri Gheesa Gurjar, Aged About 21 Years,
Resident Of Goyala, Police Station Sarwar, District Ajmer
Rajasthan
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent

For Appellant(s) : Mr. Sandeep Kumar Maheshwari For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 28/10/2021

Heard.

Admit.

S.B. Criminal Misc. (SOS) Application No.1069/2021

Heard on the 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 01.10.2021 passed by the Special Court,

POCSO Act, 2012 and Child Right Protection Commission Act, 2005,

No.2, Ajmer (Raj.) in Sessions Case No.163/2020 (CIS No.163/2020),

by which the appellant has been convicted under Section 354 of IPC and

offence under Sections 7/8 and 11/12 of the POCSO Act, 2012 and

sentenced to maximum term of three years.

It has been submitted by counsel for the appellant that the

prosecution evidence suffers from material contradictions and infirmities

and the appellant has been sentenced to maximum term of three years

(2 of 2) [CRLAS-1732/2021]

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

High Court Rules, the appellant was on bail during trial and after

judgment dated 01.10.2021. The learned trial court had suspended the

sentence and presently the accused-appellant is on bail.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellant 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 Narayan Gurjar Son Of Shri Gheesa Gurjar 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 29 th November, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/59

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