[2025:RJ-JP:29898-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 2444/2024 In D.B. Criminal Appeal No.79/2023 Deepak Kumar Son Of Onkar Mal Mali, Resident Of Johadi Wala Balaji Basant Vihar Colony, Udaipurwati District Jhunjhunu (Raj) (At Present Confined In District Jail Jhunjhunu) ----Applicant Versus 1. State Of Rajasthan, Through The Public Prosecutor. 2. Jodha Ram S/o Sri Gularam, R/o Neem Ka Johada, Chapoli, Udaipurwati Police Station, Udaipurwati, Distt. Jhunjhunu (Raj). ----Respondents For Applicant(s) : Mr. S.S. Hasan, Sr. Adv. assisted by Mr. Aquif Khan For Respondent(s) : Mr. Sudesh Saini, AGA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. This second suspension of sentence application has been filed by the present accused-applicant along with the appeal. 2. Counsel further submits that the accused-applicant has been falsely implicated in this matter. Counsel further submits that petitioner is in judicial custody since last four years. Counsel for the accused-applicant further submits that the appeal is not likely to be heard in near future and hearing/disposal of appeal is likely to take long time. Therefore, he prayed that sentence awarded to [2025:RJ-JP:29898-DB] (2 of 2) [SOSA-2444/2024] the accused-applicant may be suspended and the accused- applicant be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate opposed the present application for suspension of sentence and he submits that the victim is minor, below 15 years of age and she has leveled the allegation with regard to committing rape with her against the accused-applicant in her Court statement. He further submits that Aadhar Card of the victim has also been recovered from the accused-applicant. 4. We have heard counsel for the parties and perused the record. 5. Considering the facts and circumstances of the present case and considering the facts; victim is minor girl, below 15 years of age and since the first bail application has already been decided on merits, in our considered view, no case is made out to allow this second suspension of sentence application. 6. Hence, the second application for suspension of sentence stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /19