Dhan Singh S/O Shri Shreelal vs State Of Rajasthan
2022 Latest Caselaw 150 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                               No.639/2021
                                       IN
                S.B. Criminal Appeal No. 853/2020

Dhan Singh S/o Shri Shreelal, Aged About 22 Years, R/o Bari Ka
Pura, P.S. Dangipura, Distt. Jahalawar, (Raj.). (At Present
Confined In Central Jail Kota)
                                                         ----Accused-Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat, through VC For Respondent(s) : Mr. Ganesh Saini, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

06/01/2022

This suspension of sentence application has been filed by the

applicant seeking suspension of his sentence.

Learned counsel for the applicant has contended that the

applicant was convicted by the Trial Court vide its judgment dated

17.02.2020 for the offence under Section(s) 3/4 POCSO ACT and

sentenced as under:-

For offence under Section(s) 3/4 POCSO ACT- Rigorous

Imprisonment of seven years with a fine of Rs.10,000/-; in default

of payment of fine, to further undergo simple imprisonment of one

month.

Learned counsel further submits that the accused applicant

was not on bail during trial and currently is serving his sentence in

(2 of 2) [SOSA-639/2021]

central jail Kota. He further submits that the accused appellant

has served more than half of the sentence i.e. around 3 years, 6

months and 3 days according to the factual report dated

11.11.2021 furnished by Office Superintendent, Central Jail, Kota

(Rajasthan). He has prayed that this application for suspension of

sentence of the applicant may be allowed and sentence of the

applicant may be suspended during the pendency of the appeal.

Learned Public Prosecutor has opposed same.

Having heard the learned counsel appearing for the

respective parties and carefully scanned the entire material

available on record, this suspension of sentence application filed

by the applicant is allowed and it is ordered that execution of

sentence awarded to accused applicant Dhan Singh S/o Shri

Shreelal by the trial Court shall remain suspended during the

pendency of the appeal, provided he furnishes a personal bond of

Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/-

(Rupees Fifty Thousand) each before the concerned trial Court to

the satisfaction of the learned trial court with the stipulation that

he shall appear before this Court on 06th February, 2022 and

thereafter as and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI/17

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