HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.1715/2025 In S.B. Criminal Appeal (SB) No. 2321/2025 Mithun S/o Shindrapal Urf Chindrapal, Aged About 27 Years, R/o- Dhug Urf Koog Pathar P.s Kartarpura District. Jalandhar (Punjab) (At Present In Central Jail, Kota) ----Appellant Versus The State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Mr. Amit Kumar Gupta, Dy.GA/PP with Mr. Shubham Kumar Sain JUSTICE ANOOP KUMAR DHAND Order 13/10/2025 1. Counsel for the applicant-appellant submits that the applicant has been found guilty for the offence punishable under Section 137(2) of the BNS and he has been acquitted from the charge of offence punishable under Section 11/12 of the POCSO Act. Counsel submits that as per the statements of prosecutrix PW-1, there is no allegation against the petitioner and in-spite of the above, he has been held guilty for the offence of kidnapping. Counsel submits that the petitioner is in custody since 04.10.2024. Counsel submits that the disposal of the appeal is bound to take time, so the sentence awarded to the applicant- appellant be suspended till disposal of the appeal. (2 of 3) [CRLAS-2321/2025] 2. Per contra, learned Public Prosecutor has opposed the prayer. 3. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellant and looking to the statements of prosecutrix PW-1, wherein, the allegation of kidnapping/abduction is not there against the applicant-appellant and also looking to the fact that the applicant is in custody since 04.10.2024 and the maximum sentence awarded to him is four years and looking to the fact that the disposal of the appeal is likely to take time, therefore, without making comments on the merits and demerits of the case at this stage, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant. 5. 5. Accordingly, the application for suspension of sentence filed by the applicant is allowed and the sentence awarded by the Court of Special Judge, Court No.1, POCSO Act 2012 and Child Rights Protection Act 2005 Cases, Baran vide impugned judgment dated 30.06.2025 in Sessions Case No.05/2025 against the applicant- appellant-Mithun S/o Shindrapal Urf Chindrapal shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 14.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (3 of 3) [CRLAS-2321/2025] 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/29