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2025 DAILYLAW 30513 (RAJ)

RAHUL VEJANI S/O SHRI GORDHAN LAL v. STATE OF RAJASTHAN

SOSA/1841/2025 · 2025-09-23

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:39094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1841/2025 Rahul Vejani S/o Shri Gordhan Lal, Plot No. 754, Sindhi Colony, Police Station Jawahar Nagar, Jaipur East, Presently Plot No. 17- A, Ram Nagar Macch Ki Peepli, Goner Road, Police Station Kho- Nagoriyan, District Jaipur (Rajasthan) (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 23/09/2025 1. The appellant has been convicted by the learned Special Judge, POCSO Cases, No.1, Jaipur Metropolitan-I vide judgment dated 17.12.2024 in Sessions Case No.02/2023 for the offences under Section 341, 506 IPC and Section 11/12 of POCSO Act and Section 66-C of I.T. Act and sentenced for one month Simple Imprisonment, one year Simple Imprisonment, three years Rigorous Imprisonment and three years Rigorous Imprisonment respectively with default stipulation. 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application [2025:RJ-JP:39094] (2 of 3) [SOSA-1841/2025] under Section 430 of BNSS, 2023 the appellant seeks suspension of sentence and release on bail. 3. Learned counsel appearing for the appellant has submitted that the first application for suspension of sentence of the appellant was allowed on 15.01.2025 and in pursuance thereof, he was released on bail but he could not mark his presence on the date fixed before this Court, therefore the order of suspension of sentence was recalled on 10.07.2025 and he was called through arrest warrant and thereafter arrested and sent in judicial custody on 03.09.2025 and till then he is behind the bars. He further argued that the appellant was on bail during trial. The hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. I have heard the contentions of the learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Taking into consideration all the facts and circumstances of the case, the period of sentence awarded and the fact that disposal of the appeal is likely to take considerable time but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant Rahul Vejani S/o Shri Gordhan Lal. 7. It is, therefore, 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 [2025:RJ-JP:39094] (3 of 3) [SOSA-1841/2025] 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 he shall appear before this Court on 28.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Bmg /25