[2025:RJ-JP:30067-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2384/2024 In D.B. Criminal Appeal No.104/2024 Sitaram S/o Shri Kaluram Father/o Kaluram, Aged About 21 Years, Resident Of Nayabas, Tejala, Police Station Tehala, District Alwar, Rajasthan (Presently Languishing In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.664/2025 In D.B. Criminal Appeal (Db) No. 87/2024 Deshraj @ Chhota Fauji Son Of Ram, Aged About 24 Years, Resident Of Sitavat Police Station Tahla, Dsitrict Alwar At Present Lodged In The Central Jail Alwar ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1460/2025 In D.B. Criminal Appeal (Db) No. 88/2024 Balram @ Balya @ Ashok Kumar S/o Ramphool, Aged About 25 Years, R/o Sitawat P.s. Tahla District Alwar (Raj) (At Present Confined In Central Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor [2025:RJ-JP:30067-DB] (2 of 3) [SOSA-2384/2024] ----Respondent For Petitioner(s) : Mr. Koushal Bhardwaj Mr. Pawan Sharma Mr. Ashvin Garg Mr. Nonit Hatila Mr. Mohar Pal Meena For Respondent(s) For Complainant(s) : : Mr. Manvendra Singh Rathore, Dy. GA Mr. Gajender Singh Rathore, Adv. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/08/2025 1. These suspension of sentence applications have been filed by the appellant alongwith the appeals. 2. Counsel for the appellants has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appellants under Section 5(L)/6 of POCSO Act and Section 376 DA of IPC and the appellants are in custody. Counsel further submits that the appellants have been falsely implicated in this matter and the FIR has been lodged after a delay of five months. Counsel further submits that the victim is a married lady and age of the victim is doubtful. Counsel further submits that the Principal of the school (PW-6) in his cross-examination has denied his signatures on the school admission form. Counsel further submits that there is an improvement in the statements of the victim recorded under Section 164 Cr.P.C. and recorded during trial. Counsel further submits that the FSL/DNA report is also negative and hearing of the appeals may take long time, hence, the [2025:RJ-JP:30067-DB] (3 of 3) [SOSA-2384/2024] sentence awarded to the appellants may be suspended during the pendency of the appeals and they be released on bail. 3. Learned Dy. Govt. Advocate assisted by counsel for the complainant has opposed the applications for suspension of sentence. 4. Having perused the record, and also considering the statement of Principal (PW-6) and also considering the fact that FSL/DNA report is negative and also considering the arguments advanced by the counsel for the appellants, these criminal misc. suspension of sentence applications are allowed and it is ordered that execution of sentence awarded to the appellants shall remain suspended during the pendency of the criminal appeals and the appellants be admitted to bail subject to satisfaction of the trial Court with the stipulation that they shall appear before this Court on 27.08.2025 and thereafter as and when called upon to do so. 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 JYOTI /60-62