Allowed

Vimal Vishwas S/O Shri Vipad Vishwas v. State of Rajasthan

Rajasthan HC12 Jan 2024SOSA/29/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 389 Cr.P.C. to suspend the execution of a ten-year rigorous imprisonment sentence awarded under the POCSO Act during the pendency of a criminal appeal, conditioned upon the execution of a personal bond with sureties to assure appearance before the court.

What did the court decide?

Suspension of the sentence of ten years rigorous imprisonment during the pendency of the appeal, conditioned upon the execution of a personal bond in the sum of Rs.50,000/- together with two sureties

Vimal Vishwas S/O Shri Vipad Vishwas Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:2144]

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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. 29/2022 in S.B. Criminal Appeal No.41/2022

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Vimal Vishwas S/o Shri Vipad Vishwas, Aged About 60 Years, R/o Village Praniya, P.s. Bhanwargad, Baran, At Present Ambedkar Nagar, Kacchi Basti, Vigyan Nagar P.s. Vigyan Nagar, Kota (Raj) (Accused In District Jail Kota)

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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. Samarth Sharma For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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12/01/2024

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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, Kota (Rajasthan) vide its judgment dated 08.11.2021 in Sessions Case No.181/2019, 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 not on bail during trial and he is behind the bars since 04.04.2019. Counsel further submits that

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(2 of 2) [SOSA-29/2022]

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[2024:RJ-JP:2144]

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the learned Trial Court has not appreciated the facts and circumstances of the case holistically and 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 has vehemently opposed the submissions made herein-above.

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Heard learned counsel for the parties and perused the material 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 Vimal Vishwas S/o Shri Vipad Vishwas, 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 13.02.2024 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /21

Vimal Vishwas S/O Shri Vipad Vishwas v. State of Rajasthan

Case brief

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Vimal Vishwas S/O Shri Vipad Vishwas v. State of Rajasthan

Case brief

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