Single judge order dismissing the second application for suspension of sentence by the appellant convicted under Section 376 IPC and POCSO for life, noting no change in circumstances and pending Supreme Court dismissal. Appeal listed for April 2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Suspension of Sentence (Appeal) No.1791/2019
in
D.B. Criminal Appeal No. 681/2017
Ghanshyam Agarwal S/o Late Sh. Dwarika Prasad Agarwal, aged 59 years, By Caste Agarwal, Resident of House of Shri Shanker Sharma, House No.A-18, Dhobiyon Ka Mod, Adarsh Nagar, Jaipur (Raj.)
[At present in Central Jail, Jaipur] ----Appellant
Versus
State of Rajasthan through PP.
----Respondent
For Appellant(s) : Mr. Rajesh Kumar Sharma. For Respondent(s) : Mr. N.S. Gurjar on behalf of Mr. Rajendra Yadav, AAG.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/01/2020
This second application seeking suspension of sentence is filed by the applicant/appellant, who has been convicted for offences under Section 376 IPC and Section 5/6 of the Protection of Children from Sexual Offence Act, 2012 and sentenced to suffer imprisonment for life.
It is noticed that first application seeking suspension of sentence filed by the applicant was dismissed by this Court vide order dated 05.09.2017 passed in D.B. Suspension of Sentence (Appeal) No.968/2017, after due consideration on merits. Special Leave Petition preferred by the applicant before Supreme Court
(2 of 2)
[CRLA-681/2017]
being Special Leave Petition (Criminal) Diary No.12682/2018, has also been dismissed by the Supreme Court.
There is no change of the circumstances. No case for grant of application seeking suspension of sentence is made out.
The second application seeking suspension of sentence is, therefore, rejected. However, on the facts and in the circumstances of the case, the appeal is directed to be listed for hearing in the month of April, 2020.
(MAHENDAR KUMAR GOYAL),J
(SANGEET LODHA),J
DJ/- 6
Ghanshyam Agarwal
State of Rajasthan
SANGEET LODHA
MAHENDAR KUMAR GOYAL
As recorded by the court registry
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