Allowed

Sunil S/O Pooran B/C Dhobi v. State of Rajasthan

Rajasthan HC5 May 2020SOSA/258/2020

Case brief

AI extract

What is this about?

In an S.B. Criminal Misc. Application, the High Court suspended the sentence of the accused-appellant, convicted under provisions of IPC and POCSO Act, pending pendency of his appeal, and released him on bail subject to a bond.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended pending appeal; release on bail on personal bond with one surety.

Sunil S/O Pooran B/C Dhobi Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence

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No.258/2020

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S.B. Criminal Appeal No. 331/2020

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Sunil S/o Pooran, R/o Dhobigatta Dai Ki Gumti Police Station Shivaji Park Alwar, Distt. Alwar Raj. (At Present The Accused Petitioner Is Confined In The Central Jail Alwar)

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----Appellant

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Appellant(s) : Mr. Manish Gupta For Respondent(s) : Mr. S.S. Ola, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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05/05/2020

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Heard learned counsel for accused appellant and learned Public Prosecutor on application for suspension of sentence.

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Learned counsel for the appellant submits that the appellant was on bail during the trial. Learned counsel has also taken this Court to the statement of the Investigating Officer to show that there are discrepancies in the statement made under Section 164 Cr.P.C. and that before the Court. He has also taken this Court to the new statement where it is shown that there was a previous enmity between the parties and quarrel had occurred on account of throwing of waste in the premises of the appellant.

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Having heard the learned counsel for the appellant and perusing the judgment, this Court find that the appellant has been

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(2 of 2)

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[CRLAS-331/2020]

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acquitted and the charges under Section 376 AB read with Section 511 IPC but has been convicted under Section 354 B, 352 IPC and 9(m)/10 of POCSO Act. The allegation is of having attempted to remove the clothes of the prosecutrix.

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Perused and noticed the aforesaid submissions and have also gone through the record. With further commenting on merits and taking into consideration all the statements, which have been recorded during the trial and the judgment passed by the Court below, I am inclined to suspend the sentence awarded to the appellant by the trial Court.

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Accordingly, application for suspension of sentence is allowed and it is ordered that sentence awarded to accused-appellant namely, Sunil S/o Pooran by learned trial court vide its judgment 24.01.2020 in Sessions Case No.135/2019 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.50,000/with one surety in the like amount to the satisfaction of the trial court with the stipulation that he shall appear before this court on 5.6.2020 and as and when called upon to do so.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /Sunil Solanki/21

Sunil S/O Pooran B/C Dhobi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil S/O Pooran B/C Dhobi v. State of Rajasthan

Case brief

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What did the court decide?

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