ARUN BHANSALI, RAJENDRA PRAKASH SONI
Mohan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 7.11.2019 passed by the learned Special Judge, Protection of Children From Sexual Offences Act, 2012, No.1, Udaipur (Rajasthan) in Special Sessions Case No.68/2018 (CIS 68/2018):
| Offences | Sentence | Fine |
| 363 IPC | 3 years R.I. | Rs.2,000/- and in default of which to further undergo 2 months R.I. |
| 366 IPC | 3 years R.I. | Rs.2,000/- and in default of which to further undergo 2 months R.I. |
| Section 4 of Act of 2012 | L.I. | Rs.5,000/- and in default of which to further undergo 6 months S.I. |
2. The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for release on bail during the pendency of the appeal.
3. It is submitted by learned counsel for the appellant - applicant that the applicant was on bail during pendency of the trial and is already in custody for over 4 years now, the hearing of the appeal is likely to take time.
4. Further submissions have been made that the offence is alleged to have been committed on 18.4.2014, the FIR was lodged on 25.4.2014 inter alia indica
Suspension of sentence granted based on contradictions in victim's statement and appellant's prior bail status.
The court suspended the sentence of the accused-applicant due to doubts regarding the prosecution's evidence and the significant time already served.
The court may suspend a sentence if the appellant was on bail during trial and significant contradictions exist in the victim's statement.
Suspension of sentence granted based on contradictions in the victim's statement and the appellant's prior bail status.
The court may suspend a sentence if the accused is in custody and the appeal process is likely to take time, emphasizing the need for conditions to ensure appearance.
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