Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 37419 (RAJ)

RAMLAL MEENA @ RIKKI MEENA SON OF SHRI SHANKAR LAL MEENA v. STATE OF RAJASTHAN

SOSA/1496/2025 · 2025-09-19

Vinod Kumar Bharwani

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:38447] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1496/2025 In S.B. Criminal Appeal No.124/2023 Ramlal Meena @ Rikki Meena Son Of Shri Shankar Lal Meena, R/o Meeno Ki Dhani, Village Surajpura @ Tutoli Mansar Road, Police Station Chaksu Jaipur (Rajasthan) (Presently Confined In Central Jail Jaipur) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Suresh Gurjar with Mr. Ganesh Narayan For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 19/09/2025 The 2nd application for suspension of sentence has been preferred on behalf of the appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 No.1, Jaipur Metro-I vide its judgment dated 17.10.2022 in Sessions Case No.104/2020, whereby the appellant was convicted for the alleged offence(s) punishable under Sections 363, 366 of I.P.C. & Section 5(l)/6 of POCSO Act & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. Learned counsel appearing for the appellant submits that the appellant is behind the bars for more than five & a half year. [2025:RJ-JP:38447] (2 of 3) [SOSA-1496/2025] Counsel further submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time to conclude hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal. It is hereby noted that despite intimation being served on victim/complainant, no one has appeared on behalf of complainant/victim. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the Custody Certificate of the appellant & the material made available on record. Taking into consideration the conviction, 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 appellant during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Ramlal Meena @ Rikki Meena Son Of Shri Shankar Lal Meena, 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 [2025:RJ-JP:38447] (3 of 3) [SOSA-1496/2025] before this Court on 28.10.2025 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /06