[2026:RJ-JP:26218] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 360/2024 URN: SOSA / 644U / 2024 In S.B. Criminal Appeal No.2677/2023 Pintu S/o Jagdish, Aged About 28 Years, R/o Bani, Police Station Kumher, District Bharatpur. (Confined In Central Jail Sewar, Bharatpur) ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Manish Kumar Meena For Respondent(s) : Mr. Sudesh Kumar Saini, PP Mr. Kartik Soti HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 13/07/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 & the Protection of Child Right Commission Act, 2005, No.1, Bharatpur (Raj.) vide its judgment dated 02.08.2023 in Sessions Case (CIS) No.11/2022(14/2022), whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. [2026:RJ-JP:26218] (2 of 3) [SOSA-360/2024] Learned counsel for the appellant submits that the appellant was in judicial custody during the course of trial and, presently, he is behind the bars since 02.08.2023. Counsel further submits that the co-accused person, namely, Nirbhay, has already been acquitted by the learned Trial Court. It is further contended that there is no link of evidence from the stage of collection of the sample till its dispatch & receipt at the FSL. It is also submitted that there are substantial contradictions in the statements of the witnesses and the learned Trial Court has not appreciated the evidence, facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor and learned counsel for the respondent(s) have vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the conviction, term of sentence, custody period & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant- appellant during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Pintu S/o Jagdish, by the learned Trial Court shall remain suspended during pendency of the [2026:RJ-JP:26218] (3 of 3) [SOSA-360/2024] appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 13.08.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /29