Sahil S/O Devprakash @ Banti vs State Of Rajasthan
2023 Latest Caselaw 2387 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   S.B. Criminal Misc. Suspension of Sentence Application No.
                                 448/2023
                                       In

               S.B. Criminal Appeal No. 424/2023

Sahil S/o Devprakash @ Banti, Aged About 22 Years, R/o Chhoti
Bajari Ward No. 2, Nasirabad P.s. Nasirabad City District Ajmer
(At Present Accused Appellant In Bali)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s) : Mr. Abhishek, relative of the appellant For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/02/2023

Lawyers are abstaining from appearance before the Court.

Heard relative of the accused appellant and learned Public

Prosecutor on the application for suspension of sentence and

perused the judgment impugned dated 15.02.2023 passed by

learned Special Judge, POCSO Act and Child Right Protection

Commission Act No.2, Ajmer whereby the accused appellant has

been convicted and sentenced to suffer maximum punishment of

one year simpler imprisonment with fine of Rs.5,000/- under

Section 11/12 of POCSO Act and lesser punishment for other

offence under Section 354C 354D and 506 IPC.

It is submitted that the appellant has nothing to do with the

alleged offence and a false case has been foisted against the

(2 of 3) [SOSA-448/2023]

appellant. The appellant is on bail as the present sentence is of

one year and the court below has suspended the sentence of one

month.

Learned Public Prosecutor vehemently opposes the prayer of

application for suspension of sentence.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions 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.

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, POCSO Act and

Child Right Protection Commission Act No.2, Ajmer, vide judgment

dated 15.02.2023 in Sessions Case No. 82/2022 against the

appellant-applicant Sahil S/o Devprakash @ Banti 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 their appearance in this

court on 06.04.2023 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.

(3 of 3) [SOSA-448/2023]

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.

(FARJAND ALI),J

PREETI VALECHA /38

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