Murlidhar S/O Shri Mangilal ... vs State Of Rajasthan
2022 Latest Caselaw 6761 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

 S.B. Criminal Misc. Suspension of Sentence Application No.1350/2022

                                        IN

                   S.B. Criminal Appeal No. 2077/2022

Murlidhar S/o Shri Mangilal Prajapat Kumhar, Aged About 41 Years,
R/o Near Moti Kua Itawa P.S. Itawa District Kota Rajasthan

                                                                   ----Appellant

                                     Versus

State of Rajasthan through P.P.

                                                                 ----Respondent

For Appellant(s)          :     Mr. Abdul Kalam Khan
For Respondent(s)         :     Mr. Suresh Kumar, PP



             HON'BLE MRS. JUSTICE SHUBHA MEHTA

                                     Order

18/10/2022

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

The appeal has been preferred against the judgment of conviction

and sentence dated 21.09.2022 passed by the Court of Special Judge,

Protection of Children from Sexual Offences Act and Commission of

Protection of Child Right Act, No.1, Kota (Rajasthan) in Special Session

Case No.32/2020, by which the appellant has been convicted for offence

under Sections 354 of IPC & 7/8 of POCSO Act and maximum sentence

of three years and fine of Rs.15,000/- have been awarded to him.

Learned counsel for the accused-applicant submits that there is no

reliable and legally acceptable evidence to hold the accused-applicant

guilty for the alleged offence(s) and there is every likelihood of

(2 of 2) [SOSA-1350/2022]

succeeding in the criminal appeal. Learned counsel further submits that

accused-applicant was on bail during trial and his sentence has already

been suspended by the learned trial Court. He further submits that final

hearing of the appeal is likely to take time thus sentence of the

accused-applicant may be suspended.

Learned Public Prosecutor has vehemently opposed the prayer

regarding suspension of sentence.

I have considered the submissions made by learned counsel for

the parties.

Without commenting upon merits/demerits of the case and

considering the arguments advanced by the parties, this Court deems it

just and proper to suspend the sentence awarded to the applicant.

Accordingly, the application for suspension of sentence is allowed.

If the accused-applicant deposits the entire amount of fine awarded by

the Trial Court then it is ordered that the sentence of imprisonment

awarded by the learned trial Court to the accused-applicant shall remain

suspended during pendency of the appeal and he shall be released on

bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/-

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

satisfaction of the learned trial Court with the stipulation that he shall

appear before this court on 18th November, 2022 and thereafter as and

when called upon to do so.

(SHUBHA MEHTA),J

Simple Kumawat /102-S

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