This order allows an application for suspension of sentence filed by an appellant convicted under IPC and POCSO Acts. The appellant was released on bail pending appeal.
Sentence suspended till disposal of appeal; appellant released on bail with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.1009/2021
In
S.B. Criminal Appeal No. 1645/2021
Sher Singh Jakhad Son Of Shri Shivpal Singh, Aged About 27 Years, Resident Of Bharni Police Station Reengus District Sikar. At Present In Central Jail, Bikaner
----Accused-Appellant
Versus
State Of Rajasthan, Through The PP
----Respondent
For Appellant(s) : Mr. Dharmendar Choudhary for Mr. Harendra Singh For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
01/12/2021
Heard on application for suspension of sentence.
The appellant has filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 22.09.2021 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act 2005, Sikar in Sessions Case No.229/2018, by which the appellant has been convicted under Section 376, 447 of IPC and Section 3(A)/4 of the POCSO Act and sentenced to maximum term of ten years.
(2 of 3)
It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. There are several material contradictions and infirmities in the prosecution evidence. The appellant has been named in the FIR but the prosecutrix in her statement admitted that she did not know him before the incident. Thus, the name of the accused-appellant in the FIR is suspicious. The appellant has been involved due to some extraneous reasons. During trial, the appellant was on bail and now, he is in custody since 22.09.2021. He has already served about more than one year of sentence. Medical evidence also does not support the prosecution case. Hearing of appeal may take long time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellant Sher Singh Jakhad S/o Shri Shivpal Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the
(3 of 3)
satisfaction of the learned trial court for his appearance in this Court on 03rd January, 2022 and as and when called upon to do
so.
(MANOJ KUMAR VYAS),J
Hemant/55
2 issues framed by the court
Whether the application for suspension of sentence while pending appeal should be allowed.
Whether the appellant is entitled to release on bail pending disposal of the criminal appeal.
3 provisions across 2 enactments
Sher Singh Jakhad Son Of Shri Shivpal Singh
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
