LAWS(RAJ)-2018-2-24

PREM @ PREM LAL Vs. THE STATE OF RAJASTHAN

Decided On February 02, 2018
Prem @ Prem Lal Appellant
V/S
The State Of Rajasthan Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant-appellant as well as learned Public Prosecutor on application for suspension of sentence.

(2.) By instant application under Section 389 Cr.P.C, applicant- appellant has craved for suspending sentence handed down by Special Judge, (Protection of Children from Sexual Offices Act, 2012), Udaipur (for short, 'learned trial Court'), by its verdict dated 18.12.2017. Learned trial Court, by the aforesaid verdict, convicted the applicant-appellant for offence under Sections 342 IPC and handed down sentence of six months' simple imprisonment with fine of Rs.500/- and in default of payment of fine to further undergo fifteen days' simple imprisonment. Likewise, learned trial Court convicted the applicant-appellant for offence under Section 8 of the POCSO Act, 2012 IPC and handed down sentence of three years' simple imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo one month's simple imprisonment

(3.) It is submitted by the learned counsel that applicant- appellant is behind the bars since 15.11.2015 and as such he has served half of the sentence of total maximum sentence of three years handed down by learned trial Court. Learned counsel has also submitted that there are very bleak or rather remotest chances of applicant-appellant fleeing from justice and besides that he is ready to furnish requisite bail bonds.