Yasir @ Sahil S/O Masim @ Mohammed ... vs State Of Rajasthan
2023 Latest Caselaw 597 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                          No.876/2022
                                 in
               S.B. Criminal Appeal No. 1324/2022

Yasir @ Sahil S/o Masim @ Mohammed Iqrabul, Aged About 22
Years, R/o Badi Maniyara, P.s. Nimach Bathani District Gaya
Bihar At Present R/o C-70, Sanjay Nagar, Bhatta Basti, Jaipur (At
Present Confined In Central Jail Jaipur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s)           :    Mr. Mahaveer Kalwa
                                Mr. Ram Manohar Sharma
For Respondent(s)          :    Mr. Riyasat Ali, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

17/01/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 12.07.2022 passed by

Special Judge, POCSO Act Cases, No.2, Jaipur Metropolitan-II,

Jaipur in Sessions Case No.61/2019 (135/2019) whereby the

accused-appellant has been convicted for the offence punishable

under sections 344, 370(5) & 374 IPC and Sections 75 & 79 of

Juvenile Justice (Care and Protection) Act, 2000 and Section 3/14

of Child Labour Prohibition Act and has been sentenced with

maximum of fourteen years rigorous imprisonment along with fine

of Rs. 1,00,000/-.

(2 of 3) [SOSA-876/2022]

Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant and raised serious questions over the mis-

appreciation of evidence done by the learned Trial Court. It is also

argued that prima facie no offence under Section 370 IPC is made

out. He is presently confined in Central Jail, Jaipur. Learned

counsel submits that since he is ready to furnish bail bonds for his

release, the application for suspension of sentence may be

granted.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellant.

Considering the overall submissions of the parties 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

sentence passed by the learned Special Judge, POCSO Act Cases,

No.2, Jaipur Metropolitan-II, Jaipur vide judgment dated

12.07.2022 in Sessions Case No.61/2019 (135/2019) against the

appellant-applicant- Yasir @ Sahil S/o Masim @ Mohammed

Iqrabul, 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

(3 of 3) [SOSA-876/2022]

his appearance in this court on 20.02.2023 and whenever ordered

to do so till the disposal of the appeal on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case, the said

accused-applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J

SAHIL SONI /38

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