[2025:RJ-JP:20912] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 917/2025 In S.B. Criminal Appeal No.1579/2022 X (Fictitious Name) (Neighbour Of Victim), R/o ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi For Respondent(s) : Mr. Onkar Rajpurohit, PP Mr. Vaishnu Saurabh Singh HON'BLE MR. JUSTICE FARJAND ALI (Through VC) Order 16/05/2025 1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 26.07.2022 passed by the learned Special Judge, POCSO Act Cases No.1, Ajmer in Sessions Case No.141/2020 whereby he was convicted under Section 376(3) of the IPC and sentenced to suffer twenty years’ RI along with a fine of Rs.20,000/- and in default to further undergo three months RI and for lesser offence under Section 363 of the IPC. 2. It is contended by the learned counsel for the appellant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. The appellant-applicant is in jail since 26.07.2020 and hearing of the [2025:RJ-JP:20912] (2 of 3) [SOSA-917/2025] appeal is likely to take long time, therefore, the application for suspension of sentence may be granted. 3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence. 4. Heard learned counsel for the parties and perused the material available on record. 5. Perusal of the affidavit submitted by victim Mst.’P’’ revealing that states that the FIR filed by her father accusing ‘X’ of kidnapping and rape is false. She claims they were in a consensual relationship, her age was wrongly recorded, and her statements were made under family pressure. She voluntarily married ‘X’on 17.04.2025 and is living with him. She requests that no further action be taken in the false case and urges his release from jail, stating that his continued imprisonment is disrupting her married life 6. Considering the overall facts and circumstances of the case and taken into consideration the affidavit filed by Mst. ‘P” and fact that appellant is behind the bar for around five years and hearing of the appeal would likely to take a long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant. 7. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned trial court, the details of which are provided in the first para of this order, against the appellant- applicant named above shall remain suspended till final disposal of [2025:RJ-JP:20912] (3 of 3) [SOSA-917/2025] the aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 19.06.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will 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, he will give in writing his changed address 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. 7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (FARJAND ALI),J Mamta/27