Allowed

Sooraj Son of Lal Bahadur v. State of Rajasthan

Rajasthan HC17 May 2024SOSA/207/2024

Case brief

AI extract

What is this about?

Appeal against conviction under POCSO where appellant seeks suspension of sentence. Court grants suspension pending appeal appeal on bail with fine deposit and attendance conditions.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended subject to bail conditions including fine deposit and execution of personal bond.

Sooraj Son of Lal Bahadur Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2024)

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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. 207/2024

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S.B. Criminal Appeal No. 245/2024

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Sooraj Son of Lal Bahadur, Resident of Mitikrim Nepal, At Present Resident of Samne Ghat Police Station Lanka, District Banaras (Uttar Pradesh) (At Present In District Jail Karauli)

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----Petitioner

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Versus

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State of Rajasthan, Through P.P

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----Respondent

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For Petitioner(s) : Mr. Hari Krishana Sharma For Respondent(s) : Mr. Imran Khan-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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17/05/2024

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Counsel for the appellant submits that the cousin brother of the prosecutrix has failed to prove the allegation of human trafficking against him. Counsel submits that the appellant was on bail during the course of trial and now he is facing incarceration since last one and half years. Counsel submits that hearing of the appeal is bound to take time, therefore the sentence of the appellant be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.

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[SOSA-207/2024]

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(2 of 3)

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Considering the arguments put forward by learned counsel for the appellant and looking to the nature of allegation and also looking to the fact that out of the total sentence imposed upon the accused he has already undergone one and half years and disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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Accordingly, the application for suspension of sentence filed by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offence Act, 2012 and the Commission for Protection of Child Rights Act, 2005, Karauli vide judgment dated 16.01.2024 in Sessions Case No.04/2022 against the appellant Sooraj Son of Lal Bahadur shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 22.07.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall 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 changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court.

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(3 of 3)

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[SOSA-207/2024]

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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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Appellant shall deposit a fine amount as imposed by the learned trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant was 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-appellant 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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(ANOOP KUMAR DHAND),J

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Ashu/70

Sooraj Son of Lal Bahadur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sooraj Son of Lal Bahadur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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