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2025 DAILYLAW 5102 (RAJ)

RAMKARAN JANGID S/O SHRI SHYAM LAL JANGIR v. STATE OF RAJASTHAN

SOSA/226/2025 · 2025-09-11

Bhuwan Goyal, Inderjeet Singh

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:36952-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 3rd Suspension Of Sentence Application (Ap- peal) No. 226/2025 In D.B. Criminal Appeal No.102/2019 Ramkaran Jangid S/o Shri Shyam Lal Jangir, R/o Vill. Shop Ps And Teh. Nadoti Dist. Karauli (At Present Accused Petitioner Con- fined In Central Jail Sewar Bharatpur) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 11/09/2025 1. This third suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Counsel for the applicant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the appli- cant under Section 376-D r/w 120-B r/w 5(g)/6 of POCSO Act and he in judicial custody. Counsel submits that the accused-applicant has falsely been involved in the case. Counsel further submits that the applicant has served the sentence for more than 12 years. Counsel also submits that hearing of the appeal may take a long time. Therefore, he prayed that sentence awarded to the ac- [2025:RJ-JP:36952-DB] (2 of 2) [SOSA-226/2025] cused-applicant may be suspended and the accused-applicant be released on bail during the pendency of the appeal. 3. Learned counsel for the accused-applicant relied upon the judgment passed by The Hon’ble Supreme Court in the matter of ‘Saudan Singh versus The State of Uttar Pradesh’, (Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021), decided on 25.02.2022 and the other judgments passed by this Court in the matter of ‘Banti @ Irphan versus State of Rajasthan & Anr.’, (SOSA No.810/2024 in D.B. Criminal Appeal No.695/2017) de- cided on 29.01.2025 and ‘Dinesh Kumar versus State of Ra- jasthan’ (D.B. Criminal Appeal No.213/2021) decided on 13.08.2025. 4. Learned Additional Government Advocate opposed the present application for suspension of sentence and submits that age of victim was about 14 years at the time of incident and in her statement recorded during trial, she has leveled allegation of com- mitting rape with her against the accused-applicant. 5. We have heard counsel for the parties and perused the record. 6. Considering the facts and circumstances of the present case; the statement of PW-1-victim and the fact that victim was about 14 years old girl at the time of incident, no case is made out to al- low the third suspension of sentence application. 7. Hence, the third suspension of sentence application stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN/26