Allowed

Mahendra Kumar v. State of Rajasthan

Rajasthan HC18 Mar 2024SOSA/393/2024

Case brief

AI extract

What is this about?

Convict under POCSO Act sought temporary suspension of sentence to pursue B.A. examinations. Considering the right of every citizen including convicts to pursue education and on perusal of admission card and examination schedule, the court suspended his sentences until a fixed date upon furnishing bond and sureties.

What did the court decide?

Sentence temporarily suspended till 22.04.2024 upon personal bond of Rs.50,000/- and two solvent sureties of Rs.25,000/- each.

Mahendra Kumar Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2024)

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[2024:RJ-JD:12850]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 393/2024

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Mahendra Kumar S/o Shri Hansraj, Aged About 27 Years, R/o Govindpura, P.s. Khedali Dist. Alwar, At Present Shai Nagar, Rlico Ariya, Bhinmal, P.s. Bhinmal, District Jalore. (At Present Lodged In Central Jail, Jodhpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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18/03/2024

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The instant application for temporary suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant in the matter of judgment dated 18.02.2022 passed by the learned Special Judge, POCSO Act Cases, Jalore in Sessions Case No.1/2020, whereby he was convicted and sentenced to suffer maximum punishment of 20 years' rigorous imprisonment alongwith a fine of Rs.25,000/- for the offence under Section 5(M)/6 of the POCSO Act and lesser punishment for the other offence under Section 363 of the IPC.

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It is submitted by learned counsel for the appellant-applicant that the appellant is a young man and want to pursue education and for that purpose, he has filled the examination form for the

[2024:RJ-JD:12850]

[SOSA-393/2024]

(2 of 2)

B.A. I Semester Examination 2024 to be conducted by Maharaja Surajmal Braj University, Bharatpur. A copy of the admission card issued by the University as well as the Schedule of Examination has been annexed with the file.

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Having heard and considered the submissions made and on perusal of the material placed on record, including the admission card and the schedule of examination, and considering the aspect that every citizen, be it an ordinary person or a convict, has right to pursue education, this court deems it fit to temporarily suspend the sentences awarded to the appellant-applicant from the date of his release till upto 22.04.2024.

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Accordingly, the application for temporary suspension of sentence is allowed. The sentences awarded to appellantapplicant, vide the impugned judgment, details of which are mentioned in para 1 above, shall remain suspended till 22.04.2024, upon the appellant furnishing a personal bond in the sum of Rs.50,000/- and two sound and two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the trial court. The applicant appellant shall surrender before the concerned jail authority in the morning of the next day of completion of the period of temporary bail.

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(FARJAND ALI),J

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233-Pramod/-

Mahendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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