Shesha Ram vs State Of Rajasthan
2022 Latest Caselaw 14635 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Suspension of Sentence Application No.1249/2022

In

S.B. Criminal Appeal No. 2075/2022

Shesha Ram S/o Mupa Ram, Aged About 24 Years, B/c Meena, R/o Meeno Ka Bass, Lakhwava Bada, P.s. Shivganj, Dist. Sirohi.

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Ms. Yogita Mohanani For Respondent(s) : Mr. S.S.Rajpurohit, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/12/2022

Heard learned counsel for the appellant and learned Public

Prosecutor on the application seeking suspension of sentence.

Perused the judgment impugned.

Learned counsel for the appellant submits that the appellant

has been convicted for the offences under Sections 341, 323, 354

IPC and sentenced to maximum period of one year SI with fine.

Learned counsel further submits that the appellant was on bail

during the course of trial and while exercising the powers under

Section 389 (1) Cr.P.C., the learned trial court has suspended his

sentences but for a limited period. The hearing of the appeal

would likely to take long time. Thus, learned counsel submits that

the sentences awarded to the accused-appellant may be

suspended till final disposal of the appeal.

                                                                            (2 of 2)                     [SOSA-1249/2022]



                                         Per   contra,   learned       Public      Prosecutor         has   vehemently

opposed the application for suspension of sentence.

Having considered the submissions advanced and overall

facts and circumstances of the case, looking to the fact that

appellant has been awarded maximum sentences of one year, he

was on bail during trial and disposal of appeal will consume time,

this Court deems it fit and proper to allow the application for

suspension of sentence filed by the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by learned Sessions Judge, Protection of

Children from Sexual Offences Act and Commissions for Protection

of Child Rights Act, 2005, No.3, Pali vide judgment dated

22.11.2022 in CIS No.60/2022 against the appellant Shesha Ram

S/o Mupa Ram shall remain suspended till final disposal of the

aforesaid appeal and the accused appellant is directed to furnish

personal bond in the sum of Rs. 50,000/- with one surety of like

amount for his appearance before this Court on 16.1.2023 and

whenever ordered to do so.

(FARJAND ALI),J 220-RP/-

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