Jagdish vs State Of Rajasthan
2023 Latest Caselaw 596 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 79/2023

Jagdish S/o Sh. Rooparam Devasi, Aged About 18 Years, Pachpadriya, P.s. Rohet, Dist. Pali, Raj.

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Smt. Nirma W/o Mohan Lal, Aged About 35 Years, Sirana, P.s. Rohet, Dist. Pali, Raj.

----Respondents

For Appellant(s) : Mr. Sikander Khan For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

16/01/2023

Heard.

Admit.

Issue notice. Learned Public Prosecutor accepts notice on behalf of

the respondent No.1-State.

Issue notice to respondent No.2.

Call for record.

Heard learned counsel for the applicant-appellant and learned

public prosecutor for the State on application for suspension of sentence

No.49/2023. Perused the material available on record.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

this court is of the opinion that it is a fit case for suspending the

substantive sentence awarded to the accused appellant.

(2 of 2) [CRLAS-79/2023]

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 Court, POCSO Act Cases and Juvenile

Justice (Care and Protection of Children) Act 2005 No.1, Pali, Raj. vide

judgment dated 04.01.2023 in Sessions Case No.70/2022 against the

appellant-applicant Jagdish S/o Sh. Rooparam Devasi 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 to the effect that he shall appear before this

Court as and when called upon to do so.

(VINOD KUMAR BHARWANI),J 128-Anshul/-

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