Allowed

Dhan Singh S/O Shri Shreelal v. State of Rajasthan

Rajasthan HC6 Jan 2022SOSA/639/2021

Case brief

AI extract

What is this about?

The High Bench at Jaipur allowed a suspension of sentence application filed by an accused appellant convicted under POCSO Act. The court ordered the sentence execution to remain suspended during the appeal pendency, contingent on furnishing a bond and two sureties with the trial court.

What did the court decide?

Suspension of sentence during the pendency of the appeal, conditional on furnishing a personal bond of Rs. 1 lakh with two sureties of Rs. 50,000 each before the trial court.

Dhan Singh S/O Shri Shreelal Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application

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No.639/2021

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S.B. Criminal Appeal No. 853/2020

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Dhan Singh S/o Shri Shreelal, Aged About 22 Years, R/o Bari Ka Pura, P.S. Dangipura, Distt. Jahalawar, (Raj.). (At Present Confined In Central Jail Kota)

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----Accused-Appellant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Appellant(s) : Mr. Govind Prasad Rawat, through VC For Respondent(s) : Mr. Ganesh Saini, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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06/01/2022

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 17.02.2020 for the offence under Section(s) 3/4 POCSO ACT and sentenced as under:-

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For offence under Section(s) 3/4 POCSO ACT- Rigorous Imprisonment of seven years with a fine of Rs.10,000/-; in default of payment of fine, to further undergo simple imprisonment of one month.

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Learned counsel further submits that the accused applicant was not on bail during trial and currently is serving his sentence in

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(2 of 2) [SOSA-639/2021]

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central jail Kota. He further submits that the accused appellant has served more than half of the sentence i.e. around 3 years, 6 months and 3 days according to the factual report dated 11.11.2021 furnished by Office Superintendent, Central Jail, Kota (Rajasthan). He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the appeal.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Dhan Singh S/o Shri Shreelal by the trial Court shall remain suspended during the pendency of the appeal, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/(Rupees Fifty Thousand) each before the concerned trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 06^th February, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI/17

Dhan Singh S/O Shri Shreelal v. State of Rajasthan

Case brief

What is this about?

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Dhan Singh S/O Shri Shreelal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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