[2025:RJ-JP:43102] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No.1492/2025 In S.B. Criminal Appeal No.548/2025 Rijwan @ Bhura Son Of Shri Gulfam Qureshi, Aged About 27 Years, Resident Of Motiganj Jeenkhana, Chatta Bajar Police Station Chatta District Agra Presently Residing At Shripura Police Station Kaithunipole Kota (Rajasthan) (Presently Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.590/2025 In S.B. Criminal Appeal No.707/2025 Mohammad Shakir S/o Shri Peeru @ Peero Mohammad, Aged About 26 Years, R/o Narayan Das Ka Atta Shiv Chowk Salim Cooler Wala Ki Gali Sajidehada Police Station Kishorpura Kota (Raj) (Presently Confined In Central Jail Kota) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amar Kumar Mr. Aman Ali For Respondent(s) : Mr. Amit Kumar Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 27/10/2025 [2025:RJ-JP:43102] (2 of 4) [SOSA-1492/2025] 1. Learned counsel for the appellants submits that the prosecution has failed to prove the age of the prosecutrix before the trial court, hence the appellants have been acquitted from the charges under the POCSO Act. Learned counsel submits that the written FIR (Ex-P/1) has been lodged by the prosecutrix, wherein she has not named the appellants as an accused. Learned counsel submits that no identification parade test has been conducted by the Investigating Agency. Learned counsel submits that in the cross-examination, the prosecutrix-PW-1 “M” has stated that she has taken the names of the accused persons at the instance of the Madam, Narishala and she has given the statement as per the instructions of the said Madam. Learned counsel submits that no specific date of the alleged incident has been mentioned in the statement of the prosecutrix. Learned counsel submits that the appellants were on bail during trial and the hearing/disposal of the aforesaid appeals is bound to take its own time, therefore, the sentence awarded to the appellants be suspended till final disposal of the appeals. 2. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the appellants. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by learned counsel for the appellants and looking to the statement of the prosecutrix- PW-1 “M”, wherein she has specifically mentioned that she has taken the name of the accused persons at the instance of the Madam, Narishala and she has not named the appellants as an accused at the first instance when the FIR was registered by her [2025:RJ-JP:43102] (3 of 4) [SOSA-1492/2025] and looking to the fact that the appellants were on bail during the trial and also considering the fact that hearing/disposal of the aforesaid appeals is bound to take its own time, therefore, this Court is of the opinion that the instant case is a fit case for suspending the sentence awarded to the accused-appellants. 5. 5. Accordingly, the applications for suspension of sentence filed by the appellants are allowed and the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offences Act and Children Rights Protection Commission Act No.1, Kota in Sessions Case No.138/2022 against the appellants-Rijwan @ Bhura S/o Shri Gulfam Qureshi & Mohammad Shakir S/o Shri Peeru @ Peero Mohammad shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail, provided each of them execute 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 27.11.2025 and whenever ordered to do so, till the disposal of the appeals on the conditions indicated below:- 1. That they shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellants change their place of residence and mobile number, they will give in writing their 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. Appellants shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellants are found involved in committing and repeating the same offence again, [2025:RJ-JP:43102] (4 of 4) [SOSA-1492/2025] 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-appellants in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused-appellants were 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-appellants do 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 Karan/81-82