[2025:RJ-JP:22260] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 566/2025 In S.B. Criminal Appeal No.684/2025 Sreemant Mahish Alias Chanki S/o Sri Pramod Nath Mahish, Aged About 49 Years, Ro Flat No L 628 Parshwnath Apartment Nanta Ps Kunhadi District Kota City (Raj) (At Present The Accused/appellant Are Confined Int He Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. S.S. Solanki For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/05/2025 1. The instant application for suspension of sentence is preferred by appellant - Sreemant Mahish Alias Chanki S/o Sri Pramod Nath Mahish in pending appeal filed aggrieved from order of conviction and sentence dated 18.02.2025 in Sessions Case No.103/2023 passed by learned Special Judge (POCSO Act Cases) No.2, Kota whereby appellant was convicted for offence under Sections 9(m)/10, 9(n)/10 of POCSO Act and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is an innocent person and he was falsely implicated by complainant so that he many not be required to pay amount of gold purchased [2025:RJ-JP:22260] (2 of 4) [SOSA-566/2025] false through present appellant. He further submitted that a report was registered by complainant after a delay of one day. He referred the statement of victim PW-1 and submitted that she is a child witness and was tutored by her parents to depose against the appellant. He further submitted that as per story of prosecution, victim was sitting on scooty driven by appellant and in moving scooty the appellant has allegedly sexually assaulted in aggravated form. He referred the evidence and site plan and submitted that incident is highly improbable and impracticable but the trial court has ignored the material on record. He also submitted that there is a contradiction in the statement of mother of victim, victim and grandfather of victim. He further submitted that appellant was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with intimation slip and report received from concerned police station and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report, Ex.P-1 filed by PW-2 mother of victim about sexual assault on 26.02.2022 by appellant while victim was sitting on a scooty, FIR No. 568/2022 at P.S. Kunhadi, Dist. Kota under Sections 354 IPC and 9(m)/10 of POCSO Act. After investigation, police has filed a charge-sheet against appellant. After framing charge, prosecution has examined 9 witnesses and exhibited 22 documents and one article. The accused was examined under Section 313 Cr.P.C. but he has not submitted any [2025:RJ-JP:22260] (3 of 4) [SOSA-566/2025] defence evidence but exhibited one document. Learned trial court has convicted appellant under Sections 9(m)/10 and 9(n)/10 of POCSO Act. The maximum sentence awarded to appellant is 5 years for each offence. 6. We have considered the evidence of victim, who is student of Class-III and her age is less than 12 years and determined on the basis of date of birth as 26.04.2015. We have considered cross- examination of PW-1 victim, her mother PW-3, her father PW-9 and grandfather PW-5. Also considered statement of PW-4 Jasvinder Kaur, eye witness and PW8 Ganga Sahay (IO). The appellant was released on bail in pursuant to order dated 14.12.2023 in bail application No.9706/2023 passed by a Co- ordinate Bench of this Court. The appellant has already served sentence of more than 1 year 5 months and 2 days. 7. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Sreemant Mahish Alias Chanki S/o Sri Pramod Nath Mahish is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:22260] (4 of 4) [SOSA-566/2025] 1. That the appellant accused shall not contact or connect directly or indirectly with victim or any of her family member. 2. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 3. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 4. That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 5. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /22