Bhanwar Singh S/O Suresh Chandra vs State Of Rajasthan
2021 Latest Caselaw 6159 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                    S.B. Criminal Appeal No. 1751/2021
Bhanwar Singh S/o Suresh Chandra, R/o Tenant House Of
Krishana Gurjar Advocate Kotadi Jamal Chauk Kota Raj
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through P.P
                                                                   ----Respondent

For Appellant(s)             :     Mr. Abdul Kalam Khan
For Respondent(s)            :     Mr. Bhawani Shankar Sharma, PP


           HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                           Order

29/10/2021

             Heard.

             Appeal is admitted.

             Record of the case be summoned.

             List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1076/2021

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 24.09.2021 passed by the Court of

Special Judge, POCSO Act in Sessions Case No.61/2018 (CIS

No.468/2018) by which the appellant has been convicted under

Sections 363 of IPC and 16/17 of POCSO Act and sentenced to

maximum term of three years.

It has been submitted by learned counsel for the appellant

that the appellant has been sentenced for offences under Sections 363

(2 of 2) [CRLAS-1751/2021]

of IPC and Section 16/17 of POCSO Act to maximum term of three

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

Rajasthan High Court Rules, the petitioner was on bail during trial. Now,

his sentence has been suspended by the learned trial court for a period

of one month. There are number of material contradictions and legal

infirmities in the judgment of learned trial court. The appellant has been

convicted for offences under Sections 363 of IPC and Section 16/17 of

POCSO Act. Decision of the appeal may consume considerable time.

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 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 the accused-

appellant Bhanwar Singh S/o Suresh Chandra 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 29th November, 2021 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Sunita/38

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