[2025:RJ-JP:50013-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 1991/2025 In D.B. Criminal Appeal No.383/2023 Mahendra Singh S/o Shrichand, Aged About 28 Years, Resident Of Bavanpada, P.s. Sikandra, District-Dausa (Raj.) At Present Confined At Distt. Jail- Dausa (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor Rajasthan High Court Jaipur Bench Jaipur. 2. Naval Kishor Jogi S/o Ramkhiladi Jogi, R/o- Bindarwada, Manpur, Distt-Dausa (Raj.) 3. Victim, R/o ----Respondents For Petitioner(s) : Mr. Bhupendra Jain For Respondent(s) For Complainant(s) : : Mr. Jitender Singh Rathore, Addl. GA Mr. Gaurav Gupta, Assl. GA Mr. Meghraj Meena HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/12/2025 This second suspension of sentence application has been filed by the appellant alongwith the appeal. Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence for life imprisonment has been awarded to the appellant under Section 5/6 of Prevention of Children from Sexual Ofences Act, 2012 and he is in custody. Counsel further submits [2025:RJ-JP:50013-DB] (2 of 3) [SOSA-1991/2025] that the hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. Counsel further submits that the first D.B. Criminal suspension of sentence application was dismissed on merits by this Court vide order dated 22.02.2024 which reads as under:- “This suspension of sentence application has been filed by the appellant alongwith the appeal. Counsel for the appellant 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 appellant under Section 5/6 of POCSO Act and he is in custody at Central Jail, Dausa. Counsel further submits that the appellant has been falsely implicated in this matter and hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail. Learned Addl. Govt. Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that according to the statement of doctor (PW-1), the injuries were found on the anal area of the victim and according to the statement of victim (PW-3), the accused has committed unnatural sex with him and the victim is a boy of only 10 years. Counsel further submits that the FSL report (Ex.C-1) is also found positive. Heard counsel for the parties and perused the record. In the facts and circumstances of the present case and considering the statement of victim (PW-3) as well as of doctor (PW-1) and the fact that the victim is only of 10 years and looking to the nature of the offence(s) against the appellant, I am not inclined to grant the indulgence to the appellant as prayed for. Hence, the application for suspension of sentence stands dismissed.” [2025:RJ-JP:50013-DB] (3 of 3) [SOSA-1991/2025] Learned Addl. Govt. Advocate assisted by counsel for the complainant has opposed the application. In the facts and circumstances of the present case and considering the fact that there is no change in the circumstances after rejection of first suspension of sentence application, We are not inclined to grant the indulgence to the appellant as prayed for. Hence, this second application for suspension of sentence stands dismissed. (ASHOK KUMAR JAIN),J (INDERJEET SINGH),J JYOTI /2