The Court suspended the sentence of a convicted appellant pending the hearing of the criminal appeal, subject to furnishing a personal bond and sureties.
Sentence suspended during pendency of appeal on furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2)
[2024:RJ-JP:6541]
[SOSA-51/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 51/2024
In
S.B. Criminal Appeal No.78/2024
Suddhiram @ Kalulal S/o Radheshayam, Aged About 30 Years, R/o Khajuri Police Thana Karwar Distt. Bundi (Rajasthan)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma For Respondent(s) : Mr. Yashwant Kankhadia, P.P.
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
08/02/2024
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, POCSO Act, 2012 and Commissions For Protection Of Child Rights Act, 2005, No.2, Bundi (Rajasthan), vide its judgment dated 04.01.2024, in Sessions Case No.80/2023, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of three years rigorous imprisonment with fine.
Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and his sentence has already been suspended for a period of one month
(2 of 2) [SOSA-51/2024]
[2024:RJ-JP:6541]
by the learned Trial Court. 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 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 application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Suddhiram @ Kalulal S/o Radheshayam, 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 07.03.2024 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J
SAURABH /24
1 issue framed by the court
Should the sentence awarded to the appellant be suspended during the pendency of the appeal?
1 provisions across 1 enactments
Suddhiram @ Kalulal S/o Radheshayam
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
