The High Court suspended the execution of the ten-year rigorous imprisonment sentence awarded to the appellant, allowing him to furnish bond and sureties for bail during the appeal's pendency without commenting on merits.
Suspension of sentence pending appeal with bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 640/2020
In
S.B. Criminal Appeal No.838/2020
Naresh Meena S/o Ramdev Meena, R/o Peeplakhurd,police Station Aayana District Kota (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. MS Saini, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
01/12/2023
Instant application for suspension of sentence has been preferred on behalf of the applicant under Section 389 of Cr.P.C alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge Prevention of Childern from Sexual Offences Act, No.4 Kota, Rajasthan vide its judgment dated 03.02.2020, in Sessions Case No.339/2018, whereby the applicant was convicted for the alleged offence(s) & sentenced to undergo ten years of rigorous imprisonment with fine.
Learned counsel appearing for the accused-applicant submits that the applicant was on bail during trial and he has already served more than five years in custody. The leaned trial Court has not appreciated the facts and circumstances of the case holistically. Hearing of the
(2 of 2) [SOSA-640/2020]
appeal will take time, hence, the sentence awarded to the applicant may be suspended during the pendency of the appeal.
Learned Public Prosecutor has vehemently opposed the submissions made herein-above.
Heard. Perused the material available on record.
Taking into consideration the conviction, 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 during 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 Naresh Meena S/o Ramdev Meena by learned the trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond 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 02.01.2024 and thereafter as and when called upon to do so.
(VINOD KUMAR BHARWANI),J
CHHAYA AWASTHI /8
1 issue framed by the court
Whether the sentence awarded to the accused-applicant can be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Naresh Meena
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
