Dinesh Kumar S/O Manohar Lal vs State Of Rajasthan
2021 Latest Caselaw 6160 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1676/2021

Dinesh Kumar S/o Manohar Lal, Aged About 22 Years, R/o Near
S.B.I Khairawad P.S. Ramganjmandi District Kota
                                                                     ----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

Record has not been received.

Record of the case be summoned.

List after four weeks.

S.B. Criminal Misc. (SOS) Application No.1079/2021

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 11.10.2021 passed by the Court of

Special Judge, POCSO Act Cases No.3, Kota in Sessions Case

No.56/2019 (CIS No.149/2019), by which the appellant has been

convicted under Sections 7/8 and 11/12 of the POCSO Act and

sentenced to maximum term of three years.

It has been submitted that the trial court has convicted

the appellant for offences under Sections 7/8 and 11/12 of the

(2 of 2) [CRLAS-1676/2021]

POCSO Act and sentenced to maximum term of three years. As

per certificate under Rule 311(3) of the Rajasthan High Court

Rules, the appellant was on bail during trial. Now, his sentence

has been suspended by learned trial court for a period of one

month. It has further submitted that there are several material

contradictions and legal infirmities in the prosecution evidence.

Heard learned counsel for the parties and perused the

impugned judgment dated 11.10.2021.

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 Dinesh Kumar S/o Manohar Lal 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/- and two sureties of Rs.25,000/- 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/36

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