Allowed

Harkesh Son of Nandkishor v. State of Rajasthan

Rajasthan HC21 Jan 2025SOSA/151/2025

Case brief

AI extract

What is this about?

Conviction appeal against a POCSO court judgment convicting the appellant under Section 363 IPC. The High Court allowed his application under Section 430 BNSS and suspended the sentence pending disposal of the appeal, on a personal bond with two sureties and conditions.

What did the court decide?

Sentence suspended on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, subject to stated conditions.

Harkesh Son of Nandkishor Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2025)

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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 No.151/2025

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S.B. Criminal Appeal (Sb) No. 187/2025

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Harkesh Son of Nandkishor, Aged About 25 Years, R/o Fusapur Police Station Mundawar District Khairthal Tijara

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----Appellant

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Versus

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State of Rajasthan, through the P.P

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----Respondent

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For Appellant(s) : Mr. Mohammed Zubeir Mr. Ravindra Yadav For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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21/01/2025

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The present suspension of sentence application has been filed by the appellant under Section 430 of B.N.S.S. against the judgment dated 06.12.2024 passed by the Court of learned Special Judge Protection of Children from Sexual Offences Act, 2012 and The Commissions for Protection of Child Rights Act, 2005, No.3, Alwar in Sessions Case No.41/2024 (CIS No.146/2024) whereby, the appellant has been convicted for offence under Section 363 of IPC and sentenced.

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Learned counsel appearing for the appellant submits that during trial the accused-appellant was on bail and never misused the liberty of bail. Counsel further submits that sentence imposed upon the accused-appellant has already been suspended for a

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(2 of 3)

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period of thirty days in view of provisions of Section 430 of B.N.S.S.

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Learned Public Prosecutor opposed this suspension of sentence application.

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Considered the submissions made by learned counsel for the accused-appellant as well as learned Public Prosecutor. 5. On consideration of submissions made by counsel for the accused-appellant so also taking into consideration the observations and findings of the trial Court, this Court finds that this is a fit case to suspend the sentence imposed upon the accused-appellant.

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Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded to accusedappellantHarkesh Son of Nandkishor in Sessions Case No.41/2024 shall remain suspended on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before the Registrar (Judicial) of this Court on 21.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:-

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A. After release of the accused-appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled.

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B. He will appear before the trial Court in the month of February of every year till the appeal is decided. C. If the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court.

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D. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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(3 of 3)

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