Ankit Kumar S/O Duli Chand vs State Of Rajasthan (2024:Rj-Jp:4335)
2024 Latest Caselaw 555 Raj/2

Rajasthan High Court

Ankit Kumar S/O Duli Chand vs State Of Rajasthan (2024:Rj-Jp:4335) on 25 January, 2024

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2024:RJ-JP:4335]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                   No. 4/2024

Ankit Kumar S/o Duli Chand, Aged About 19 Years, R/o Meghwal
Mohalla      Tatarpur,    Police     Station       Tatarpur,     District   Alwar
(Rajasthan). (Presently Accused-Appellant In On Bail)
                                                                   ----Petitioner
                                     Versus
State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. Mahendra Meena, PP

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

25/01/2024 The appellant-applicant herein has been convicted and

sentenced vide judgment dated 16.12.2023 passed by learned

Special Court, POCSO Act 2012 and Commissions for Protection of

Child Ringhts Act, 2005 No.3, Alwar in Sessions Case No.47/2022

(CIS No.185/2022) as under:-

Offence Under Imprisonment Fine Sentence in Section default of fine 328 of IPC 3 Years' RI Rs.10,000/- 6 months' SI 11/12 of POCSO 1 Year SI Rs.5000/- 2 months' SI Act, 2012

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor on the application for suspension of

sentences.

[2024:RJ-JP:4335] (2 of 3) [SOSA-4/2024]

Upon a consideration of the arguments advanced on behalf

of the appellant-applicant and having regard to the facts and

circumstances as available on the record, this Court is of the

opinion that it is a fit case for suspending the sentences awarded

to the accused appellant-applicant during pendency of the instant

appeal.

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 2012

and Commissions for Protection of Child Ringhts Act, 2005 No.3,

Alwar, vide judgment dated 16.12.2023 in Sessions Case

No.47/2022 (CIS No.185/2022) against the appellant-applicant

Ankit Kumar S/o Duli Chand, 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 his appearance in this court on 26.02.2024

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.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

[2024:RJ-JP:4335] (3 of 3) [SOSA-4/2024]

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were 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(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(PRAVEER BHATNAGAR),J

354- Mohit

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