Dwarkalal S/O Bhairulal vs State Of Rajasthan
2022 Latest Caselaw 7896 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Suspension of Sentence Application No.1547/2022
                                in
               S.B. Criminal Appeal No. 1782/2022
Dwarkalal S/o Bhairulal, Resident Of Mahaveer Colony, Police
Station Suket, District Kota (Raj) (At Present Confined In Central
Jail, Kota)
                                                                    ----Appellant
                                    Versus
1.      State Of Rajasthan, Through Pp
2.      Pappulal Bheel Son Of Shri Gopal, Resident Of Mahaveer
        Colony, Police Station Suket, District Kota (Raj)
                                                                 ----Respondents

For Appellant(s) : Mr. Pawan Kumar Verma with Mr. Mohit Kumar Sharma For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

19/12/2022

This suspension of sentence application has been filed by the

applicant along with the criminal appeal.

In the case under consideration, the applicant has been convicted

for the offence under Section 363 IPC, Sections 7/8 & 11/12 of the

POCSO Act, 2012 and Sections 3(2)(va) & 3(1)(w-i) SC/ST (POA) Act,

2015 and sentenced with a maximum of three years rigorous

imprisonment along with fine as per judgment dated 27.07.2022.

Learned counsel for the applicant has annexed the certificate

under Rule 311 of High Court Rules to the effect that he was on bail

during the course of trial and presently he is confined in Central Jail,

Kota. Hence, the execution of sentence awarded to the applicant should

be suspended during the pendency of the appeal. It is submitted on

(2 of 2) [SOSA-1547/2022]

behalf of the applicant that the judgment of conviction and sentenced

passed by court below is totally based upon surmises and conjectures.

There is no evidence available on record against the applicant to

connect him with the alleged offences.

Learned Public Prosecutor has vehemently opposed the prayer

regarding suspension of sentence.

Looking to the short term of sentence and without commenting

upon the merits of the case, this court deems it just and proper to

suspend the sentence awarded to the accused-applicant.

Having heard the learned counsel for the parties and after going

through the entire material available on record, this suspension of

sentence application is allowed and it is ordered that execution of

sentence awarded to the applicant Dwarkalal S/o Bhairulal by the

court below vide order dated 27.07.2022 against the accused-applicant,

shall remain suspended during the pendency of the appeal, provided he

furnish a personal bond in the sum of Rs.50,000/- along with two

sureties of Rs.25,000/- each, to the satisfaction of the learned court

below with the stipulation that he shall appear before this Court on

23.01.2023 and thereafter, as and when he is called upon to do so.

(VINOD KUMAR BHARWANI),J

SAHIL SONI /64

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