Abid @ Sahin S/O Nawab Khan Luhar ... vs State Of Rajasthan
2023 Latest Caselaw 2462 Raj/2

[2023/RJJP/003473]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

       S.B. Criminal Misc. Suspension of Sentence Application
                                   No.449/2023
                                           In
                     S.B. Criminal Appeal No. 425/2023

Abid @ Sahin S/o Nawab Khan Luhar Musalman, Aged About 20
Years, R/o Ward No. 1, Ajitgarh At Present Tenant Mundaru,
Police Station Shri Madhopur Distt. Sikar
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through Public Prosecutor
                                                                    ----Respondent

For Appellant(s) : Mr. Abid, appellant present in person For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

28/02/2023

Lawyers are abstaining from appearing before the Court.

Heard Mr. Abid, petitioner, present in person and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 04.02.2023 passed in

Sessions Case (CIS) No.30/2020 (B.T. 106/2022) by learned

Special Judge, POCSO Act and Commission for Protection of Child

Rights Act whereby the accused appellant has been convicted and

sentenced to suffer maximum punishment of three years simple

imprisonment with fine of Rs.5,000/- under Section 7/8 of POCSO

Act and lesser punishment for other offence under Section 354(A)

of I.P.C.

[2023/RJJP/003473] (2 of 3) [SOSA-449/2023]

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

alleged offence and a false case has been foisted against the

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

three years and the Court below has already suspended the

sentence.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellants.

The accused-appellant is on bail during the trial 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 learned Special Judge, POCSO Act and

Commission for Protection of Child Rights Act, vide judgment

dated 04.02.2023 passed in Sessions Case (CIS) No.30/2020 (B.T.

No.106/2022) against the appellant-applicant-Abid @ Sahin S/o

Nawab Khan Luhar Musalman 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

10.04.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

[2023/RJJP/003473] (3 of 3) [SOSA-449/2023]

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.

(FARJAND ALI),J

RAJAT/44

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