[2025:RJ-JP:14710] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 531/2025 in S.B. Criminal Appeal No. 1054/2023 Rinkesh @ Tinku S/o Chandraprakash, Resident Of Seva Police Station Wajirpur, District Sawai Madhopur (Raj) (Presently Confined In District Jail Karauli ) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Advocate assisted by Mr.Rahul Sharma & Mr. Ravindra Mavliya, Advocate For Respondent(s) : Mr. Mukesh Kumar Meena, Advocate Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/04/2025 1. Instant third application for suspension of sentence is preferred in pending appeal which was admitted on 09.05.2023 and aggrieved from order of conviction and sentence dated 29.04.2023 in Sessions Case No. 95/2022 passed by learned Special Judge (POCSO Act Cases), Karauli whereby appellants were convicted for offence under Section 363 IPC and 9(m)/10 of POCSO Act and sentenced accordingly. 2. Learned counsel for appellant submits that the petitioner has already undergone more than 2 years and 9 months against the maximum sentence of 5 years. He further submits that after [2025:RJ-JP:14710] (2 of 4) [SOSA-531/2025] dismissal of second application for suspension of sentence on 24.09.2024, the appellant-accused has served more than 6 months. He further referred the merits of the case and submits that the discrepancies requires consideration on merits and appellant has a strong case to succeed in appeal. At last, he submits that appeal is not likely to be heard in near future, therefore, application for suspension of sentence of present appellant be considered with leniency. 3. Aforesaid contentions were opposed by learned Public Prosecutor and counsel for the complainant. 4. Heard learned counsel for appellant-accused, counsel for complainant along with learned Public Prosecutor. 5. On the basis of a written report dated 19.08.2022, FIR No. 254/2022 was registered at P.S. Shri Mahavir Ji, District Karauli. After investigation, police has filed a charge-sheet under Sections 363, 354-B IPC and Section 9/10 of POCSO Act. Learned Trial Court has framed charges under Sections 363 IPC and 9(m)/10 of POCSO Act. The age of victim was three years and only on basis of notice of presence of accused by witness Yadram, appellant was named in the instant case. Victim was medically examined on 20.08.2022 by PW-3 (Dr. Ram Naresh) whereas Yadram was examined as PW-5 before the Trial Court. Looking to the age of victim she was not examined as witness. The mother and father of victim were examined. 6. A perusal of custody certificate indicate that the appellant- accused has already served more than 2 years and 9 months and maximum sentence is 5 years. At this stage, it is not possible for us to express any opinion on merits of he case but looking to the [2025:RJ-JP:14710] (3 of 4) [SOSA-531/2025] period of incarceration undergone by appellant-accused, I am of the considered view that the consideration of appeal on merits will take its own time, therefore, it is appropriate to allow application for suspension of sentence only on the ground that appellant- accused has served more than 50% of the sentence awarded by the Trial Court. 7. 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 Rinkesh @ Tinku S/o Chandraprakash 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 15.07.2025 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 concerned Police Station and the Station House Officer of the Police Station shall forward the attendance certificate to the Trial Court. [2025:RJ-JP:14710] (4 of 4) [SOSA-531/2025] 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 MONU /738