Disposed

Rakesh Kumar S/O Motilal v. State of Rajasthan

Rajasthan HC17 Jul 2023SOSA/902/2023

Case brief

AI extract

What is this about?

In pending SOSA No. 902/2023 Arising from an appeal against conviction under Section 363 IPC and POCSO Act, High Court suspended sentence pending disposal of appeal on conditions including execution of bond and appearance in court, without expressing opinion on merits. Disposition: Suspended.

What did the court decide?

Suspended sentence till disposal of appeal with condition to execute personal bond and appear in courts.

Rakesh Kumar S/O Motilal Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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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 (Appeal) No. 902/2023

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S.B. Criminal Appeal No. 1454/2023

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Rakesh Kumar S/o Motilal, Resident Of Rampuriya, Police Station Etawa, Distt. Kota (Raj) (At Present Confined In District Jail Bundi)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Aman Ali For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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17/07/2023

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The instant application for suspension of sentence is preferred in pending appeal which was admitted on 03.07.2023 and aggrieved from order of conviction and sentence dated 17.05.2023 in Sessions Case (CIS) No. 23/2022 passed by learned learned Special Judge (POCSO Act Cases) No.1, Bundi whereby appellant was convicted for offence under Section 363 IPC and sentenced to undergo rigorous imprisonment of 3 years along with fine.

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Heard learned counsel for appellant and learned Public Prosecutor.

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As per custody certificate submitted by learned Public Prosecutor, appellant is in custody since 31.12.2021 and till now he had already undergone sentence of 1 years 6 months and 13 days as against three years awarded by learned trial court. Learned trial court after consideration of evidence and material

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(2 of 2) [SOSA-902/2023]

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available on record, acquitted the appellant from charges of offence under Sections 354, 376(2)(n) of IPC and Section 5(l)/6 of POCSO Act.

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Without expressing any opinion of merits, I am of considered view that present is a fit case wherein application for suspension of sentence can be allowed. The application for suspension of sentence of appellant- Rakesh Kumar S/o Motilal is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court.

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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /49

Rakesh Kumar S/O Motilal v. State of Rajasthan

Case brief

What is this about?

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Rakesh Kumar S/O Motilal v. State of Rajasthan

Case brief

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What did the court decide?

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