HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.2388/2024 In S.B. Criminal Appeal No.2556/2024 Jafru Son Of Ajmeri, Resident Of Islam Colony Jhareda Road, Hindaun City, Police Station Hindaun City District Karauli (Rajasthan) (At Present In District Jail Karauli) ----Applicant-appellant Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Asad Ul Noori Mr. Krishan Kumar Mohar For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GA/PP JUSTICE ANOOP KUMAR DHAND Order 09/10/2025 1. Counsel for the accused-applicant submits that there is no allegation of sexual assault against the applicant. He submits that the allegation against the applicant is that he touched breast of the prosecutrix. Counsel submits that on the basis of the aforesaid allegation, the applicant has been found guilty for the offences punishable under Sections 354-A IPC and Section 9(M)/10 of the POCSO Act and he is sentenced to undergo seven years imprisonment, out of which the applicant has already undergone one year and five months sentence. Counsel submits that the disposal of the appeal is bound to take time, so the sentence awarded to the appellant be suspended till disposal of the appeal. (2 of 3) [SOSA-2388/2024] 2. Per contra, learned Public Prosecutor opposed the suspension of sentence application. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by counsel for the applicant and looking to the fact that the applicant is sentenced to undergo seven years imprisonment, out of which he has already undergone one year and five months imprisonment and looking to the fact that disposal of the appeal is likely to take time, therefore, this Court deems it just and proper to suspend the sentence awarded to the accused-appellant till disposal of the appeal. 5. Accordingly, the application for suspension of sentence filed by the applicant-appellant is allowed and the sentence awarded by the Court of Special Judge (Protection of Children from Sexual Offences Act, 2012 and Commission for Child Rights Protection Act, 2005), Karauli vide judgment dated 07.08.2024 in Sessions Case No.44/2024 against the appellant-Jafru son of Ajmeri shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 10.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (3 of 3) [SOSA-2388/2024] 1. That he shall 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 and mobile number, he will give in writing his changed address and mobile number 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. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/86