[2025:RJ-JP:13953] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 92/2025 In S.B. Criminal Appeal No.583/2022 Rajendra S/o Shri Ramsaroop Koli, Aged About 21 Years, R/o Nonera At Present Ward No. 12, Police Station Itawa, District Kota (Raj) (At Present In Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/03/2025 The 2nd application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 & Commission for Protection of Child Rights Act (POCSO), No.2, Kota (Raj.), vide its judgment dated 22.03.2022, in Sessions Case No.550/2018, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of fourteen years rigorous imprisonment with fine. Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and he is behind the bars from last more than five and a half year. Counsel further [2025:RJ-JP:13953] (2 of 2) [SOSA-92/2025] submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal. Accordingly, the 2nd application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Rajendra S/o Shri Ramsaroop Koli, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on 28.04.2025 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /04