In S.B. Criminal Misc. Application No.208/2020, the High Court suspended the appellant's sentence pending appeal to ensure physical liberty. The court relied on counsel's submissions without delving into merits.
Suspension of sentence awarded by trial court during pendency of appeal and release on bail upon furnishing bond.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.208/2020
In
S.B. Criminal Appeal No.261/2020
Manish S/o Shri Sant Ram Aroda, Aged About 23 Years, R/o C/620, Chawla Colony, Police Station Bhagat Singh Colony, Sector-1, Ballabhgarh, Distt. Faridabad (Haryana) (At Present Confined In Central Jail Alwar)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Vivek Goyal For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
01/05/2020
Heard learned counsel for accused appellant and learned Public Prosecutor and perused the record.
Learned counsel for accused appellant has invited attention of this court to the statement of prosecutrix made under Section 164 Cr.P.C. (Exhibit-D2) as well as Exhibit-D4 and has also taken this court to the statement made by petitioner in court as PW-1.
Learned counsel submits that age of the prosecutrix was not proved and only on the basis of statements made by the prosecutrix as well as her father, the age of the prosecutrix was determined as being minor.
(2 of 2)
[SOSAPPL-208/2020]
Learned counsel submits that petitioner and the prosecutrix were having a love affair and she has wilfully travelled with him to different places and after she had returned back, it cannot be said to be a case of abduction or rape. Learned counsel submits that petitioner was on bail during trial.
Perused and noticed the aforesaid submissions and have also gone through the record. Without further commenting on merits and taking into consideration that hearing of appeal is likely to take time, I deem it appropriate to suspend the sentence of the accused appellant awarded by the learned trial court.
Accordingly, application for suspension of sentence is allowed and it is ordered that sentence awarded to accused-appellant namely, Manish S/o Shri Sant Ram Aroda by learned trial court vide its judgment dated 11th December, 2019 in Session Case No.28/2019 shall remain suspended during pendency of the appeal and he be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that he shall appear before this court on 30.05.2020 and as and when called upon to do so.
(SANJEEV PRAKASH SHARMA),J
FATEH RAJ BOHRA /6-15
1 issue framed by the court
Whether the sentence of the accused-appellant should be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Manish S/o Shri Sant Ram Aroda
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
