Single judge of Rajasthan High Court considered suspension of sentence application in POCSO/IPC appeal. Allowed suspension and granted bail on furnishing bond and sureties until appeal disposal.
Application for suspension of sentence allowed; accused released on bail on furnishing bond and sureties pending appeal disposal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Bail (SOS) Application No.1206/2021
In
S.B. Criminal Appeal No. 1936/2021
Siddharth @ Rinku Son Of Nahar Singh, Aged About 23 Years, Resident Of Plot No. 20, Vasudev Nagar, Dausa Police Station Kotwali District Dausa (Raj.)
(At Present Confined In Central Jail Jaipur)
----Accused-Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
06/12/2021
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 25.11.2021 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012, No.2, Jaipur Metropolitan-I in Sessions Case No.17/2021(149/2019), by which the appellant has been convicted under Section 7/8 of the POCSO Act and Section 354D of IPC and sentenced to maximum term of three years and six months.
(2 of 2)
It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the case. During trial, he was on bail and now, he is behind the bars since the date of judgment i.e. 25.11.2021. He has been sentenced to a maximum term of three years and six months of imprisonment. There are no criminal antecedents of the appellant. 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 Siddharth @ Rinku S/o Nahar 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.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 06th January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/85
1 issue framed by the court
Whether to allow suspension of sentence and bail pending disposal of criminal appeal against conviction and sentence.
Siddharth @ Rinku S/o Nahar Singh
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
