Allowed

Ankit Kumar S/O Duli Chand, v. State of Rajasthan

Rajasthan HC25 Jan 2024SOSA/4/2024

Case brief

AI extract

What is this about?

Single judge order suspending sentence pending appeal in case of conviction under POCSO IPC-328 with appropriate bond conditions. Alloted 400 words: Appellant convicted under IPC 328 and POCSO. Sought suspension of sentence pending appeal. Court held it is fit case for suspension. Allowed application under sec 389 CrPC, released on bail with bond and conditions for appearance. Relief: Suspension t

What did the court decide?

Application for suspension of sentence allowed; appellant released on bail with personal bond and sureties; order remains in force till final disposal.

Ankit Kumar S/O Duli Chand, Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JP:4335]

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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. 4/2024

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Ankit Kumar S/o Duli Chand, Aged About 19 Years, R/o Meghwal Mohalla Tatarpur, Police Station Tatarpur, District Alwar (Rajasthan). (Presently Accused-Appellant In On Bail)

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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. Amitabh Vijaywargia For Respondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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25/01/2024

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The appellant-applicant herein has been convicted and sentenced vide judgment dated 16.12.2023 passed by learned Special Court, POCSO Act 2012 and Commissions for Protection of Child Ringhts Act, 2005 No.3, Alwar in Sessions Case No.47/2022 (CIS No.185/2022) as under:-

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Offence Under Section	Imprisonment	Fine	Sentence in default of fine
328 of IPC	3 Years’ RI	Rs.10,000/-	6 months’ SI
11/12 of POCSO Act, 2012	1 Year SI	Rs.5000/-	2 months’ SI

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Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences.

(2 of 3)

[2024:RJ-JP:4335]

[SOSA-4/2024]

Upon a consideration of the arguments advanced on behalf of the appellant-applicant and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant-applicant during pendency of the instant appeal.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Court, POCSO Act 2012 and Commissions for Protection of Child Ringhts Act, 2005 No.3, Alwar, vide judgment dated 16.12.2023 in Sessions Case No.47/2022 (CIS No.185/2022) against the appellant-applicant Ankit Kumar S/o Duli Chand , shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 26.02.2024 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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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered

[2024:RJ-JP:4335]

[SOSA-4/2024]

(3 of 3)

as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(PRAVEER BHATNAGAR),J

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354- Mohit

Ankit Kumar S/O Duli Chand, v. State of Rajasthan

Case brief

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Ankit Kumar S/O Duli Chand, v. State of Rajasthan

Case brief

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