Om Prakash Meghwal S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 3919 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR
      S.B. Criminal Misc. Third Suspension of Sentence
                   Application No.154/2022
                                     IN

              S.B. Criminal Appeal No. 2289/2019

Om Prakash Meghwal S/o Shri Kanhaiyalal, R/o Chamra Factory,
Ramchandra Pura Chhawani, Police Station Gumanpura, Kota
(Raj.) (At Present Confined In Central Jail Kota)
                                                                 ----Appellant
                                  Versus
State Of Rajasthan, Through P.p.
                                                               ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For State : Mr. N.S. Gurjar, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

18/05/2022

1. Accused-applicant has preferred this third application for

suspension of sentence.

2. Heard on third application for suspension of sentence.

3. It is contended by counsel for the applicant that the

applicant has remained in custody for more than half of the

sentence awarded by the Court.

4. Counsel for the applicant has placed orders passed by this

Court whereby, certain second applications for suspension of

sentence were allowed.

5. Learned Public Prosecutor has opposed the third application

for suspension of sentence.

(2 of 2) [SOSA-154/2022]

5. I have considered the contentions.

6. The earlier applications for suspension of sentence were

rejected as there is allegation of committing rape with the child

and the child became pregnant because of the crime committed by

the applicant. The judgment of the Apex Court whereby sentence

of those who have undergone half of the sentence were given

benefit of suspension of sentence does not apply to the POCSO

Cases, hence, I am not inclined to entertain the third application

for suspension of sentence.

7. Accordingly, the third application for suspension of sentence

is dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /33

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