The High Court allowed the application for suspension of sentence during the pendency of a criminal appeal under Section 389 of Cr.P.C., requiring the appellant to furnish a bond and surity.
Sentence of two years imprisonment suspended during pendency of appeal; personal bond of Rs.50,000 and two sureties of Rs.25,000 each to be furnished.
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[2023:RJ-JP:41056]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Suspension of Sentence Application No.2028/2023 In S.B. Criminal Appeal (Sb) No. 3662/2023
Rajanikant @ Rinku S/o Satpal, Aged About 24 Years, R/o Bhimsinghpura Police Station Mandhan, Dsitrict Alwar (Rajasthan)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
21/12/2023
Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, Special Court, Protection of Children from Sexual Offences Act, 2012 and the Child Right Protection Commission Act, 2005, No.3, Alwar (Rajasthan), vide its judgment dated 05.12.2023, in Sessions Case No.50/2022, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of two years simple imprisonment with fine.
[2023:RJ-JP:41056]
[SOSA-2028/2023]
(2 of 2)
Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and his sentence has already been suspended by the learned Trial Court for a period of one month and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.
Learned Public Prosecutor has vehemently opposed the submissions made herein-above.
Heard learned counsel for the parties and perused the material on record.
Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.
Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Rajanikant @ Rinku S/o Satpal, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 22.01.2024 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAURABH /31
1 issue framed by the court
Whether the sentence awarded to the appellant may be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Rajanikant @ Rinku S/o Satpal
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
