[2025:RJ-JP:37296] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (SOS) Application No.1583/2025 In S.B. Criminal Appeal (Sb) No. 2159/2025 Chandan Bairagi Alias Gappu S/o Ishwar Bairagi, Aged About 20 Years, Resident Of Rajrajeshwar Road, Chamunda Colony, Keshavraipatan, District Bundi (Raj.). (Accused Confined In District Jail Bundi) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) For Complainant : : Mr. Naresh Kumar Gupta, PP None present HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 15/09/2025 1. The appellant has been convicted by the learned Special Judge, Protection of Children from Sexual Offences, Act 2012 and Child Right Protection Commission Act, 2005, No.1, Bundi, vide judgment dated 30.07.2025 in Sessions Case No.10/2025 for the offences under Section 137(2) IPC and sentenced for three years rigorous imprisonment and under Section 238 (C) of IPC, sentenced for one year 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:37296] (2 of 3) [SOSA-1583/2025] 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 trial court has not appreciated the evidence produced before it as per established principles of law. He further submitted that learned trial Court has not considered the factual and legal aspect of matter properly. He contended that against the maximum period of three years of sentence, the appellant has undergone the custody of 9 months and 25 days and hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. Despite service, no one has put in appearance on behalf of the complainant. 5. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 6. 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. 7. 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 Chandan Bairagi Alias Gappu S/o Ishwar Bairagi. 8. 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:37296] (3 of 3) [SOSA-1583/2025] 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 that he shall appear before this Court on 14.10.2025 and as and when called upon to do so. 9. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/33