[2025:RJ-JP:14474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 3rd Suspension of Sentence Application (Appeal) No. 581/2025 In S.B. Criminal Appeal No.1881/2022 Roshan @ Sahil S/o Shri Gopal Jat, Aged About 25 Years, R/o Toot Ki Dhani, Gopalnagar, Ladana, Police Station Phagi District Jaipur (At Present Under Judicial Custody Central Jail Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through P.P 2. Prahlad Dhobi S/o Shri Nand Ram Dhobi, R/o Gonhadi At Present Dev Nagar Bus Stand Harsuliya Police Station Phagi District Jaipur Rajasthan ----Respondents For Appellant- Applicant(s) : Mr. R.B. Sharma (Ganthola) For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/03/2025 1. Instant third suspension of sentence application is preferred by the appellant-applicant Rohan @ Sahil (hereinafter referred to as ‘the appellant’) in pending criminal appeal admitted by this Court on 08.03.2023 and filed aggrieved from judgment of conviction and sentence dated 16.09.2022 in Sessions Case No.33/2019 passed by learned Special Judge, POCSO Act Cases, Jaipur District Jaipur. The applicant-accused was convicted under Sections 341, 323 of IPC and Section 7/8 of POCSO Act [2025:RJ-JP:14474] (2 of 4) [SOSA-581/2025] alternatively Section 354 IPC and Section 3(1)(w) of SC/ST (PoA) Act. The maximum punishment awarded is five years. 2. Learned counsel for the appellant submits that he has filed details about pending cases and he submits that now no case is pending against the appellant. He further submits that out of total awarded sentence the appellant has already served more than three years and two months. He also referred the provisions of law and submitted that maximum punishment under Section 7/8 of POCSO Act is five years. At last, he submits that stringent conditions may be imposed to release the applicant accused. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He further submitted custody certificate. He also submitted that the complainant was already informed. 4. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material placed on record. 5. In a matter arising out of FIR No.323/2019 registered at Police Station Phagi, District Jaipur, the accused appellant was tried by learned Special Judge, POCSO Act Cases, Jaipur District Jaipur and he was sentenced and convicted. The maximum punishment awarded is five years. The appellant has served three years one month and eleven days which include remission. Herein, the age of victim was eleven years and ten months and same was judged by learned trial Court on basis of date of birth dated 15.07.2007. Victim was examined as PW-1 and she supported the case of prosecution. Medical examination was conducted by PW-9 Dr. Subhash, who corroborated medical report Ex.P9. While considering bail application on previous occasion, this Court has found that there were fifteen cases against the appellant and [2025:RJ-JP:14474] (3 of 4) [SOSA-581/2025] same were registered from 2014 to 2022 and most of these cases were under Section 379 IPC. 6. Having considered the fact that the appellant has served more than three years and one month, which is sixty per cent of the total sentence, therefore, without considering the material on merits, it is appropriate to allow the suspension of sentence application. 7. In view of discussion made hereinabove, the third suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Roshan @ Sahil S/o Shri Gopal Jat is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 14.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not contact or connect directly or indirectly with victim or any of her family member. 2. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 3. That the appellant accused shall mark his attendance once in a month (on first Monday of the month) at Police Station Phagi, Jaipur and the Station House Officer of the Police Station shall [2025:RJ-JP:14474] (4 of 4) [SOSA-581/2025] forward the attendance certificate to the Special Judge, POCSO Act Cases, Jaipur District, Jaipur. 4. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 5. That if the appellant 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. 6. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 8. In case, the appellant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MR/1