[2025:RJ-JP:38760] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1611/2025 in S.B. Criminal Appeal No. 2204/2025 Jagdish S/o Bhurji, Aged About 32 Years, R/o Village Bhagat Wala Mohalla, Kathumar, Police Station Alwar (Raj.) (At Present Confined In Central Jail Sewar, Bharatpur) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 20/09/2025 1. The appellant has been convicted by the learned Special Judge, Protection of Children from Sexual Offences, Act 2012, and the Commission for Child Rights Act, 2005 No.2, Bharatpur (Raj.) vide judgment dated 11.08.2025 in Sessions Case No.30/2024 for the offences under Section 354 of IPC and sentenced for two years rigorous imprisonment, under Section 9/10 POCSO Act, 2012 and sentenced for five years rigorous imprisonment respectively with default stipulation. 2. Being aggrieved, the appellant has preferred the appeal. Pending disposal of the appeal, by way of present application under Section 430 of BNSS, 2023 the appellant seeks suspension of sentence and release on bail. [2025:RJ-JP:38760] (2 of 3) [SOSA-1611/2025] 3. Learned counsel appearing for the appellant submits that the judgment of conviction passed by the learned trial Court is absolutely illegal, perverse and contrary to the facts. He has been implicated in this case on the false grounds. In fact, there was a civil dispute between the complainant and the appellant. Appellant is son of complainant’s real brother-in-law. He further submits that there are no criminal antecedents against the appellant. He also submits that the appellant was on bail during trial 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. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. 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. 6. Taking into consideration all the facts and circumstances of the case, especially the fact that there was a civil dispute between the parties, appellant is son of complainant’s real brother-in-law, the period of sentence imposed 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- Jagdish S/o Bhurji. 7. 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 of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, [2025:RJ-JP:38760] (3 of 3) [SOSA-1611/2025] to the satisfaction of the trial Court to the effect that he shall appear before this Court on 28.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Ritu/23