Mahendra Kumar vs State Of Rajasthan
2023 Latest Caselaw 5909 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Application (Appeal) No. 970/2023

S.B. Criminal Appeal No. 1578/2023

Mahendra Kumar S/o Laxmanlal, Aged About 21 Years, R/o Khakarvada, Police Station Swaroopganj, District Sirohi (Raj.)

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 05.08.2023 passed by learned Special Judge,

Protection of Children From Sexual Offence Act, Sirohi in

Sessions Case No.07/2022 (CIS No.07/2022) whereby the

appellant was convicted and sentenced to suffer maximum

punishment of three years rigorous imprisonment along with

compensation fine of Rs.10,000/- under Section 7/8 of the

POCSO Act and lesser punishment for the other offences

punishable under Section 354, 323 and 341 of the IPC.

2. It is contended that the learned trial Judge has not

appreciated the correct, legal and factual aspects of the

matter and thus, reached at an erroneous conclusion of guilt,

therefore, the same is required to be appreciated again by

(2 of 3) [SOSA-970/2023]

this court being the first appellate Court. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions advanced at bar and looking to

the totality of facts and circumstances of the case, while

refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may

put an adverse effect on hearing of the appeal, this court is

of the opinion that it is a fit case for suspending the sentence

awarded to the accused-appellant.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Special Judge, Protection of

Children From Sexual Offence Act, Sirohi in Sessions Case

No.07/2022 (CIS No.07/2022) against the appellant-

applicant Mahendra Kumar S/o Laxmanlal 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 for his appearance in this Court on 18.09.2023 and

(3 of 3) [SOSA-970/2023]

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

31-Ashutosh/-

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