[2025:RJ-JP:30723-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 819/2025 In D.B. Criminal Appeal No.33/2025 Wajim Khan S/o Rasid Khan, Aged About 30 Years, R/o Nangla Dungar Police Station Khairthal District Khairthal Tijara (Rajasthan) At Present Munim Vikas Bricks (Dangi Bricks) Matuar Khairthal Police Station Khairthal District Khairthal Tijara (Rajasthan) (At Present Confined At Central Jail Alwar) ----Petitioner Versus The State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rakesh Kumar with Ms. Priyanka Chauhan Ms. Nisha Jhaknariya For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.G.A. with Mr. Aman Kumar Ms. Neha Goyal HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 08/08/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel appearing on behalf of the accused- applicant submits that the accused-applicant has been convicted for the offences under Sections 363, 366 and Section 3 read with Section 4 of POCSO Act, 2012 and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. [2025:RJ-JP:30723-DB] (2 of 3) [SOSA-819/2025] 3. Learned counsel for the accused-applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that presently, the accused-applicant is confined in Central Jail, Alwar. He further submits that the accused-applicant has been falsely implicated in this matter and age of the victim is doubtful, as the PW-15 Principal of the School has stated in his evidence that father of the victim has not submitted any birth certificate at the time of her admission. He further submits that the victim in her cross-examination recorded during trial as PW-2 has stated that age of her younger brother is about 20-22 years and also admitted that she has named the accused-applicant on the asking of the police. He further submits that the accused- applicant is not named in the FIR and the DNA report is also disputed, as the sample was deposited in the Malakhana after a long delay. He further submits that the appeal is not likely to be heard in near future. Therefore, he prayed that sentence awarded to the accused-applicant may be suspended and the accused- applicant be released on bail during the pendency of the appeal. 4. Learned Deputy Government Advocate opposed the present application for suspension of sentence. However, no one has appeared on behalf of the complainant to oppose this application for suspension of sentence, despite service of notice upon the complainant. 5. We have heard counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the case and also considering the submissions put-forth by learned counsel for the parties; disposal of appeal is likely to take time; without [2025:RJ-JP:30723-DB] (3 of 3) [SOSA-819/2025] expressing any opinion on merits of the case, we deem it just and proper to allow the application for suspension of sentence. 7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicant shall remain suspended during the pendency of the criminal appeal and the accused-applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicants shall appear before this Court on 01.09.2025 and thereafter as and when called upon to do so. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /28