High Court of Rajasthan allowed an application for suspension of sentence under Section 389 Cr.P.C. directed the accused to furnish a personal bond with sureties for pending appeal in a POCSO trial.
Suspension of sentence during pendency of appeal, subject to personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 426/2023
In
S.B. Criminal Appeal No.381/2021
Satish Kumar Son Of Madan Lal, Resident Of Chak Sawai Madhopur, Police Station Ramgarh Pachwara, District Dausa (Raj) (At Present Confined In District Jail Dausa)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Ravindra Kumar Paliwal with Mr. Manoj Kumar Ahuja For Respondent(s) : Mr. Bhawani Shankar Sharma, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
03/05/2024
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, Dausa (Raj.), vide its judgment dated 03.12.2020, in Sessions Case No.173/2018, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine.
Learned counsel appearing for the applicant-appellant submits that the applicant is behind the bars since 02.11.2018. Counsel further submits that the learned Trial Court has failed to
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appreciate the facts & circumstances of the case more particularly, the fact that the accused-appellant was in police custody on 27.10.2018 regarding the same incident under Section 151 Cr.P.C. and he was released on bail on 28.10.2018 and has remained in custody for more than six years. 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.
Learned Public Prosecutor has vehemently opposed the submissions made herein-above.
Heard learned counsel for the parties and perused the material made available on record.
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.
Accordingly, the 2nd application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Satish Kumar Son Of Madan Lal, 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
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04.06.2024 and thereafter, as and when he is called upon to do
so.
(VINOD KUMAR BHARWANI),J
SAURABH /17
1 issue framed by the court
Whether the sentence awarded in the trial court should be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Satish Kumar
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
