[2025:RJ-JP:2067-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Criminal Misc. Third (Bail) Application No. 667/2023 (Suspension of Sentence Application) In D.B. Criminal Appeal No. 168/2018 Sanwariya @ Sanwra Son of Rambharos Meena, R/o Rampuriya Police Station Karwar, District Bundi (Raj) (Presently Accused Confined in District Jail Bundi) ----Accused/Appellant Versus State of Rajasthan, through Public Prosecutor ----Respondent For Applicant : Mr. Dushyant Singh Naruka Advocate on behalf of Mr. Shyam Bihari Gautam Advocate. For Respondent : Mr. Rajesh Choudhary Government Advocate cum Additional Advocate General. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 15/01/2025 1. Heard on third application for suspension of sentence and grant of bail to the appellant. 2. Learned counsel for the appellant would argue that even if the conviction part of the impugned judgment is upheld, the period of sentence already undergone by the appellant may be considered at this stage for suspension of sentence of the appellant inasmuch as the appellant has an arguable case that even if the conviction is upheld, it was not a case beyond imposing minimum sentence of 10 years looking to the tender age of the [2025:RJ-JP:2067-DB] (2 of 3) [SOSA-667/2023] appellant and the conduct of the prosecutrix herself as to what has been narrated by her in her testimony. 3. On the other hand, learned counsel for the State opposed the application by submitting that first application for suspension of sentence and grant of bail to the appellant was rejected upon consideration of merits of the case itself and, therefore, at this stage, merely because the appellant has undergone nearby 10 years of jail sentence including remission, the present application may not be allowed. 4. Having considered the submissions of learned counsel for the parties, we are of the view that even if earlier application for suspension of sentence and grant of bail to the appellant was rejected on 06.09.2018, taking into consideration that by now, the appellant has undergone more than 9 years and 8 months of jail sentence including remission and further taking into consideration that under the provisions contained in Section 4 of the Protection of Children from Sexual Offences Act, 2012, as it existed and in force on the date of commission of offence, minimum sentence is ten years and the appellant has an arguable case for reducing period of sentence from life imprisonment to ten years, at this stage, we are inclined to allow the present application for suspension of sentence and grant of bail to the appellant. 5. Accordingly, third application for suspension of sentence and grant of bail is allowed. It is directed that the substantive jail sentence awarded to the appellant shall remain suspended and he shall be released on bail on furnishing a personal bond of Rs.50,000/- along with one surety of the like amount to the [2025:RJ-JP:2067-DB] (3 of 3) [SOSA-667/2023] satisfaction of the Trial Court, for his appearance before the concerned Trial Court on 20.02.2025 and on all such further dates as may be directed by the said Court, interval being not less than six months, during the pendency of this appeal. 6. List the appeal for final hearing. (MAHENDAR KUMAR GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-MANISH /1