High Court allowed suspension of sentences awarded to four appellants convicted under Sections 354D IPC and Section 34 IPC pending appeal. Appellants released on bail upon execution of bond.
Application for suspension of sentences and release on bail allowed pending disposal of appeal upon execution of bond.
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.
[2024:RJ-JP:5736]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 65/2024
----Petitioners
Versus
State Of Rajasthan, Through Its Public Prosecutor
----Respondent
| For Petitioner(s) | : Mr.Dushyant Singh Naruka |
|---|---|
| For Respondent(s) | : Mr.Chandragupt Chopra, Public Prosecutor |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
02/02/2024
The appellants-applicants - (i) Sonu Nagar s/o Shankar Lal (ii) Abhishek alias Rahul Nagar S/o Babulal, (iii) Dharmendra alias Narendra Nagar s/o Shri Shankarlal and (iv) Kapil Sen s/o Harinarayan have been convicted and sentenced vide judgment
[2024:RJ-JP:5736]
[SOSA-65/2024]
(2 of 3)
dated 09.01.2024 passed by learned Speical Judge POCSO Act and Commission for Child Right Protection Act Cases No.5, Kota in Special Session Case No.48/2022 (CIS No.176/2022) as under:-
| Offence Under Section |
Imprisonment | Fine | Sentence in default of fine |
|---|---|---|---|
| For appellant Nos.1 to 3 : 354D read with Section 34 of IPC |
3 years’ SI | Rs.5000/- | Additional Six Months’ SI |
| For appellant No.4: 354D of IPC |
3 Year’s SI | Rs.5000/- | Additional Six Months’ SI |
Heard learned counsel for the applicants-appellants and learned Public Prosecutor on the application for suspension of sentences.
Upon a consideration of the arguments advanced on behalf of the appellants-applicants and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants-applicants during pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Speical Judge POCSO Act and Commission for Child Right Protection Act Cases No.5, Kota vide judgment dated 09.01.2024 in Speical Session Case No.48/2022 (CIS No.176/2022) against the appellants-applicants namely (i) Sonu Nagar s/o Shankar Lal (ii) Abhishek @ Rahul Nagar S/o Babulal, (iii) Dharmendra @ Narendra Nagar s/o Shri Shankarlal
[2024:RJ-JP:5736]
[SOSA-65/2024]
(3 of 3)
and (iv) Kapil Sen s/o Harinarayan, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 04.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
Preeti Asopa /73
1 issue framed by the court
Whether the sentence awarded under the POCSO Act against the appellants requires suspension pending the disposal of the appeal.
1 provisions across 1 enactments
Sonu Nagar
Abhishek Alias Rahul Nagar
Dharmendra Alias Narendra Nagar
Kapil Sen
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
