Sikandra @ Sethu vs State Of Rajasthan
2022 Latest Caselaw 2122 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 120/2022

Sikandra @ Sethu S/o Sharif Baksh @ Babu Khan, Aged About 21 Years, Resident Of Manpura Bhakhari, Pali Sadar Police Station, Pali, At Present Resident Of 2, Keshav Nagar, Pali Kotwali Police Station, Pali, District Pali.

                                                                       ----Appellant
                                        Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)              :     Mr. BR Bishnoi
For Respondent(s)             :     Mr. Gaurav Singh, PP



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                         Order

07/02/2022

      Heard.

      Admit.

      Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence (No.85/2022).

Learned counsel for the appellant submits that the learned trial

court has already suspended the sentence of the accused-appellant for

a period of one month. Learned counsel for the appellant submits that

the disposal of the appeal will consume time, therefore, the sentence

awarded to the accused-appellant may be suspended.

Learned Public Prosecutor vehemently opposed the prayer made

(2 of 2) [CRLAS-120/2022]

by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused 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 the learned Addl. Special Judge, POCSO Act Cases No.3, Pali,

vide judgment dated 10.1.2022 in Sessions Case No.10/2021 against

the appellant-applicant Sikandra @ Sethu S/o Sharif Baksh @ Babu

Khan shall remain suspended till final disposal of the aforesaid appeal

and he shall be released on bail, provided he executes a personal bond

in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge to the effect that he shall appear

before this Court as and when called upon to do so.

(MADAN GOPAL VYAS),J 11-CPGoyal/-

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