Allowed

Madanlal @ Sonu Son of Shri Kundanlal v. State of Rajasthan

Rajasthan HC3 Dec 2021SOSA/1000/2021

Case brief

AI extract

What is this about?

Single judge allowed a suspension of sentence application under Section 389 CrPC. The appellant, convicted under IPC and POCSO, had served over five years and was ordered to be released on bail upon furnishing a personal bond with sureties pending appeal disposal.

What did the court decide?

Sentence suspended; accused released on bail by furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Madanlal @ Sonu Son of Shri Kundanlal Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Cr. Misc. (Suspension of Sentence) Application No.

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1000/2021

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S.B. Criminal Appeal No. 1624/2021

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Madan Lal @ Sonu Son of Shri Kundan Lal, Aged about 22 years, R/o Dhani Bathotha, Police Station Nangal Choudhary, District Mahendragarh (Hariyana)

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(At present confined in District Jail, Sikar)

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----Accused Appellant

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Appellant(s) : Mr. Anil Upman, Advocate For Respondent(s) : Mr. Ganesh Saini, PP

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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3/12/2021

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This suspension of sentence application has been flied by the appellant under Section 389 CrPC.

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Learned counsel for the appellant submits that the appellant has been convicted by the trial court for the offence under Sections 363, 366 and 376 IPC and Section 3(a)/4 of the Protection of Children from Sexual Offences Act and sentenced as under:

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U/s. 363 IPC: To undergo 3 years' RI with a fine of Rs. 3000/-; in default of payment of fine, to further undergo 3 months' SI

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U/s. 366 IPC: To undergo 5 years' RI with a fine of Rs. 5000/-; in default of payment of fine, to further undergo 5 months' SI

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(2 of 2)

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[1000 SOS 2021 in CRLAS-1624/2021]

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U/s. 376 IPC and Section 3 (a) /4 of the POCSO Act: To undergo 7 years' RI with a fine of Rs. 10,000/-; in default of payment of fine, to further undergo 1 month's SI.

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He further submits that the appellant is in custody since the date of arrest i.e. 21.12.2016. In this way, he has served more than 5 years of sentence. In support of his contentions, he has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules and prays the sentence awarded to the appellant by the court below may be suspended.

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Learned PP appearing for the State has opposed the same.

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Having heard learned counsel for the accusedappellant, learned PP appearing for the State and on perusal of the material on record, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the accused-appellant.

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Accordingly, this suspension of sentence application of the accused-appellant is allowed and it is ordered that the sentence awarded to the accused appellant Madanlal @ Sonu S/o Shri Kundan Lal by the trial court in Sessions Case No. 101/2018 (76/2017) shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the trial court to the effect that he shall appear before this court on 4.1.2022 and thereafter as and when called upon to do so.

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(PRAKASH GUPTA),J

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DK/27

Madanlal @ Sonu Son of Shri Kundanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Madanlal @ Sonu Son of Shri Kundanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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