High Court allowed suspension of sentence for a juvenile petitioner convicted under IPC and POCSO Act, ordering his release on bail subject to furnishing a bond and sureties to appear in the Revision Court by a specified date.
Suspension of sentence allowed; release on bail granted subject to 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. Bail (Suspension of Sentence)
Application No.238/2021
In
S.B. Criminal Revision Petition No. 934/2021
Ravi S/o Ramraj, Aged About 21 Years, Resident Of Sighan Jatt, Police Station Suroth, District Karauli (Raj.) (At Present Detain In Juvenile Home, Bharatpur)
----Petitioner
Versus
----Non-Petitioner
----Complainant-Non-Petitioner
For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
13/12/2021
Heard on application for suspension of sentence.
The petitioner has filed the revision petition along with application for suspension of sentence.
This revision petition has been preferred against the impugned order dated 31.07.2021 passed by the court of Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, Karuali (the appellate court) in Criminal Appeal No.03/2021(CIS No.03/2021), affirming the order dated 13.07.2021 passed by the Principal
(2 of 3)
Magistrate, Juvenile Justice Board, Karauli (the trial court) in Regular Criminal Case No.08/2017(CIS No.08/2017), by which the petitioner has been convicted for offence/s under Section 376 of IPC and Section 4 of the POCSO Act and sentenced to remain detained in Special Home, Bharatpur for a period of two years.
It has been submitted by learned counsel for the petitioner that the petitioner was on bail during trial as well as during pendency of appeal. He has already served more than three months of sentence. He has been sentenced to undergo two years’ detention in Special Home. He has been falsely implicated in the case. There are several material contradictions and infirmities in the prosecution evidence. Age of the prosecutrix has been shown between thirteen to fifteen years as per the impugned judgment. Hearing of revision petition may take long time. The case has been lodged for some extraneous reasons. There are no other criminal antecedents of the petitioner.
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 parties, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it 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 accused/petitioner Ravi S/o Ramraj shall remain suspended till
(3 of 3)
disposal of this revision petition and he be released on bail, provided the petitioner furnishes a personal bond of Rs.1,00,000/and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for his appearance in this Court on 13th January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Hemant/88
2 issues framed by the court
Whether the application for suspension of sentence should be entertained.
Whether the petitioner should be released on bail pending disposal of the revision petition.
Ravi S/o Ramraj
State Of Rajasthan
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
