Shambhu Singh Son Of Prabhulal vs State Of Rajasthan
2023 Latest Caselaw 1028 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Suspension of Sentence Application No.
                                 251/2023

                                       In

                S.B. Criminal Appeal No. 192/2023

Shambhu Singh Son Of Prabhulal, Resident Of Sanjay Colony,
Ganvgher, Jhalawar Police Station Kotwali Jhalawar (Raj)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)          :    Mr. A.S. Yaduvanshi
For Respondent(s)         :    Mr. Riyasat Ali, PP



         HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

                                    Order

31/01/2023

Learned counsel for appellant submits that the appellant

accused after conviction under Section 354A IPC, 7/8 and 11/12 of

POCSO Act was released on bail under Section 389(3) Cr.P.C. by

learned POCSO Court No. 2, Jhalawar on 20.01.2023. He submits

that there are ample and reasonable grounds to succeed in

appeal. He referred to the statement of prosecutrix and minor

daughter i.e. PW-4 of prosecutrix and discrepancies thereof. He

also submitted a certificate under Section 311 of Rajasthan High

Court Rules, 1952 wherein it is stated that appellant was on bail

during trial and presently he is on bail for the period of filing of

appeal. Since it is first statutory appeal preferred under Section

374 Cr.P.C. assailing the judgment of conviction and sentence

(2 of 2) [SOSA-251/2023]

dated 20.01.2023 and as per the statement available on record it

is shown that appellant accused remained on bail therefore

suspension of sentence may be granted.

Aforesaid contentions were opposed by learned Public

Prosecutor.

Having gone through the order of conviction and sentence

passed by learned trial Court. Without commenting on merits of

the case it is deemed appropriate to suspend sentence of

appellant accused Shambhu Singh Son Of Prabhulal 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 appearance in this court

on 08.03.2023 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.

(ASHOK KUMAR JAIN),J

PREETI VALECHA /47

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