Mukesh vs State Of Rajasthan
2022 Latest Caselaw 959 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 52/2022

1. Mukesh S/o Gulab Ram, Aged About 20 Years, Bithuda Kala Police Thana Manwar Junction Dist. Pali. (Sentenced Already Suspended).

2. Dilip @ Mukesh S/o Moola Ram, Aged About 21 Years, Bithuda Kala Police Thana Manwar Junction Dist. Pali. (Sentenced Already Suspended).

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Jitendra Ojha, through VC For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

19/01/2022

Heard.

Admit.

Call for record.

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

Heard learned counsel for the applicants-appellants and learned

public prosecutor for the State on application for suspension of

sentence. Perused the material available on record.

It is contended by the counsel for the applicants-appellants that

appellant has been awarded sentence for one year's simple

imprisonment. It is also submitted that even the learned trial court has

stayed sentence of the accused-appellants for 30 days and since

(2 of 2) [CRLAS-52/2022]

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

awarded against the accused-appellants may be suspended.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material available on

record.

Having considered the facts and circumstances and particularly

the fact that applicants-appellants are awarded maximum sentence of

one year, and their sentences have been stayed for 30 days by the trial

court, disposal of appeal will consume time, therefore, this Court deems

it fit and proper to allow the application for suspension of sentence filed

by the appellants-applicants.

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 Special Judge of Protection of Children from

Sexual Offences Act, 2012 and Child Right Protection Commission Act,

2005, Pali, vide judgment dated 8.12.2021 in Sessions Case

No.42/2020 against the appellants-applicants (i) Mukesh S/o Gulab

Ram and (ii) Dilip @ Mukesh S/o Moola Ram shall remain

suspended till final disposal of the aforesaid appeal and they shall be

released on bail, provided they execute a personal bond in the sum of

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

the learned trial Judge to the effect that they shall appear before this

Court as and when called upon to do so.

(MADAN GOPAL VYAS),J 31-CPGoyal/-

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