[2025:RJ-JP:30932] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1377/2025 In S.B. Criminal Appeal No.1895/2025 Mohammad Samim Ali Son Of Istak Ali, Resident Of Achaura, Police Station Ujhani, District Badayu, Uttar Pradesh. (Presently Confined In Central Jail Shyalawas, Dausa) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Durgesh Kumar Sharma Son Of Omprakash, Resident Of Chamunda Devi Mandir, Gurjar Mohalla, Chuli Gate, Gangapur City. 3. Victim D/o Durgesh Kumar Sharma, aged about 14 years, R/o Chamunda Devi Mandir, Gurjar Mohalla, Chuli Gate, Gangapur City, minor through natural guardian father Durgesh Kumar Sharma son of Omprakash ----Respondents For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/08/2025 1. The appellant has been convicted by the learned Sessions Judge vide judgment dated 07.07.2025 in Sessions Case No.58/2024 for offences punishable under Sections 137(2), 74 of BNS and Section 7/8 of POCSO Act, and sentenced to undergo simple imprisonment of three years with fine of Rs.30,000/- in default of payment of fine to further undergo two months simple imprisonment in each offence. [2025:RJ-JP:30932] (2 of 3) [SOSA-1377/2025] 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application under Section 430 of BNSS the appellant seeks suspension of sentence and release him on bail. 3. Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 4. Learned counsel appearing for the appellant has submitted that the trial Court has not rightly appreciated the facts while passing the impugned judgment. The appellant is behind the bars for around last one year and conviction has been passed only for the three years. The hearing of the appeal will take considerable time, therefore, no fruitful purpose would be served by keeping the appellant in further custody, hence the suspension of sentence application of the appellant may be allowed. 5. Despite service, no one has put in appearance on behalf of the complainant. 6. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence relying on the gravity of the offences and contended that no exceptional grounds exists for suspension of sentence. 7. In view of the principals laid down by the Hon’ble Supreme Court in Bhagwam Rama Shinde Gosai and Ors. Vs. State Of Gujarat reported in 1999 (4) SCC 421 and Aasif @ Pasha Vs. The State of U.P & Ors. reported in 2025 INSC 944, this Court finds it a fit case to suspend the sentence pending disposal of the appeal. [2025:RJ-JP:30932] (3 of 3) [SOSA-1377/2025] 8. Therefore the substantive sentence awarded to the appellant-Mohammad Samim Ali Son Of Istak Ali shall remain suspended till disposal of the appeal and it is ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 11.09.2025 and as and when called upon to do so. 9. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/13