Mohan Lal Saini @ Monu S/O Kalyan ... vs State Of Rajasthan
2023 Latest Caselaw 1311 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Suspension of Sentence Application No.
                            265/2023
                                       In
                S.B. Criminal Appeal No. 205/2023

Mohan Lal Saini @ Monu S/o Kalyan Sahay, Aged About 21
Years, Resident Of Bairapur Ki Dhani, Tan Barod, Police Station
Behror, District Alwar Rajasthan (Sentence Of The Accused
Appellant Is Already Suspended Till 16.02.2023)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s)         :     Mr. P.C. Thakuriya
For Respondent(s)        :     Mr. B.L. Nasuna, PP



         HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

                                    Order

01/02/2023

This appeal has been preferred against order of conviction

and sentence dated 18.01.2023 passed by learned POCSO Court

No.3, Alwar in Sessions Case No. 18/2022.

Learned counsel for the appellant submits that maximum

sentence passed by learned trial Court is of three years and

appellant accused was released on bail under Section 389 Cr.P.C.

for a period of 30 days i.e. 16.02.2023. A certificate under Rule

311 of Rajasthan High Court Rules, 1952 is annexed herewith. He

submits that learned trial Court failed in appreciating the evidence

of witnesses of prosecution. He submits that the appellant has

plausible and sufficient grounds to succeed in appeal. He prays for

(2 of 3) [SOSA-265/2023]

admission of appeal and also suspension of sentence pending the

appeal.

Aforesaid contentions were opposed by learned Public

Prosecutor.

Having gone through the order of conviction and sentence

passed by learned trial Court along with certificate under Rule 311

of Rajasthan High Court Rules, 1952. Without commenting upon

the merits of the case, this is first statutory appeal by appellant

accused. The grounds of assailing the judgment of learned trial

Court has been indicated in memo of appeal and also in the oral

argument submitted by learned counsel for appellant, therefore, it

is deemed appropriate to suspend sentence of appellant accused

Mohan Lal Saini @ Monu S/o Kalyan Sahay till disposal of appeal

with the condition that he would executes a personal bond in the

sum of Rs.25,000/-with sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 09.03.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their 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.

(3 of 3) [SOSA-265/2023]

The appeal is admitted for hearing.

Record may be called after compliance of this order.

Misc. Application be disposed of.

(ASHOK KUMAR JAIN),J

PREETI VALECHA /38

Powered by TCPDF (www.tcpdf.org)