Allowed

Amit Sharma S/O Rameshchand, v. State of Rajasthan

Rajasthan HC6 May 2024SOSA/21/2024

Case brief

AI extract

What is this about?

This court allowed a suspension of sentence application preferred under Section 389 Cr.P.C. by an appellant convicted under POCSO and CR Act, suspending execution during the appeal's pendency upon furnishing a bond and sureties.

What did the court decide?

Sentence executed shall remain suspended during the pendency of the appeal, provided the appellant furnishes a bond and sureties.

Amit Sharma S/O Rameshchand, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:21256]

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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. 21/2024

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In S.B. Criminal Appeal No.42/2024

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Amit Sharma S/o Rameshchand, Resident Of Barod, Police Station Behror, District Alwar (Raj.) (Presently Confined In Central Jail, Alwar)

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----Appellant

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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 Appellant(s) : Mr. Kapil Gupta with Mr. Amit Swami Ms. Anisha Yadav Mr. Chitransh Saxena For Respondent(s) : Mr. Riyasat Ali, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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06/05/2024

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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, Protection of Children from Sexual Offences Act, 2012 & Commission for Protection of Child Rights Act, 2005, No.4, Alwar (Raj.), vide its judgment dated 14.12.2023 in Sessions Case No.46/2023 (CIS No.46/2023), whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of ten years rigorous imprisonment with fine.

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Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and he is behind the bars since long time. Counsel further submits that the learned

[2024:RJ-JP:21256]

[SOSA-21/2024]

(2 of 2)

Trial Court has not appreciated the facts & circumstances of the case holistically and it is a matter of mutual consent. 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.

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Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the submissions made herein-above.

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Heard learned counsel for the parties and perused the material made available on record.

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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.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Amit Sharma S/o Rameshchand, 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 07.06.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAURABH /37

Amit Sharma S/O Rameshchand, v. State of Rajasthan

Case brief

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Amit Sharma S/O Rameshchand, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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