HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application

No.1037/2019

In

S.B. Criminal Appeal No. 1485/2019

Ramotar S/o Shri Hanuman Sahay B/c Hariyana Brahmin, R/o

Bagru Khurd, Police Station Bagru Distt. Jaipur Raj. (At Present

In Central Jail Jaipur)

----Appellant

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Appellant(s)

:

Mr. Surendra Singh Sunda

For Respondent(s)

:

Mr. S.S. Ola, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

09/08/2019

This suspension of sentence application has been filed by the

appellant alongwith the appeal.

Counsel for the appellant has annexed the certificate under

Rule 311 (3) of the Rajasthan High Court Rules to the effect that

during the trial, the appellant was on bail and the sentence of ten

years under Section 5/6 of Protection of Children from Sexual

Offences Act, 2012 has been awarded to the appellant. Counsel

further submits that the appellant is in custody and hearing of the

appeal may take long time, hence, the sentence awarded to the

appellant may be suspended during the pendency of the appeal

and he be released on bail.

(2 of 2)

[SOSA-1037/2019]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard the learned counsel for the parties and

carefully scanned the entire material available on record and also

considering the written report Ex.P-1, statement of the victim

PW-1 and also the statement of Dr. Shivani Sharma (PW-6) who

has specifically stated that at the time of examination, no injuries

were found on the body of the victim including her private parts,

this suspension of sentence application is allowed and it is ordered

that the execution of sentence awarded to the appellant-Ramotar

S/o Shri Hanuman Sahay by the learned trial Court shall remain

suspended during the pendency of the appeal and he be released

on bail provided he furnishes a personal bond 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 13/09/2019 and thereafter as and when

called upon to do so.

(INDERJEET SINGH),J

Jyoti/211