Allowed

Dharmendra S/O Shri Janved v. State of Rajasthan

Rajasthan HC8 Feb 2024SOSA/77/2024

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application under Cr.P.C. 389 filed by an appellant convicted under POCSO/CPMRA, granting suspension of rigorous imprisonment pending appeal subject to personal bond and sureties.

What did the court decide?

Execution of the sentence awarded by the Trial Court shall remain suspended during the pendency of the appeal, provided a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each are furnis

Dharmendra S/O Shri Janved Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:6559]

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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. 77/2024

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S.B. Criminal Appeal No.2379/2022

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Dharmendra S/o Shri Janved, Aged About 23 Years, R/o Saharana Basti, Devri Kasba Police Station Kasba Thana, District Baran (Raj) (At Present Confined In Central Jail, Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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Smt. Bai W/o Shri Premchand, Aged About 51 Years, R/o Saharana Basti, Devri Kasba, Police Station Kasba Thana, District Baran (Raj.)

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----Respondents

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For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Yashwant Kankhadia, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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08/02/2024

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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.2, Baran, Rajasthan vide its judgment dated 23.07.2019 in Sessions Case No.43/2018, whereby the applicantappellant 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 from last more than 6 years. Counsel further

[2024:RJ-JP:6559]

[SOSA-77/2024]

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submits that the prosecutrix and other prosecution witnesses did not support the story of the prosecution and had turned hostile. Learned Trial Court has not appreciated the facts & 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 Dharmendra S/o Shri Janved, 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 11.03.2024 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 /26

Dharmendra S/O Shri Janved v. State of Rajasthan

Case brief

What is this about?

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Dharmendra S/O Shri Janved v. State of Rajasthan

Case brief

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