[2026:RJ-JP:27226] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 314/2026 URN: SOSA / 644U / 2026 In S.B. criminal Appeal No.363/2026 Child Conflict With Law N @ T S/o Shri Dharmendra Singh Sodhi, Aged About 21 Years, R/o Ward No. 3, Sarvoday Basti, Near Nursing Sagar, Near Bhatiyana Temple, Bikaner, Police Station Naya Sahar, Bikaner, District Bikaner, Rajasthan. (At Present Confined In District Jail Jhunjhunu) ----Appellant Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Manvendra Singh Choudhary with Mr. Himanshu For Respondent(s) : Mr. Shree Ram Dhakad, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 16/07/2026 Instant miscellaneous application for suspension of sentence has been preferred on behalf of the juvenile-appellant under Section 430 of B.N.S.S. alongwith the appeal, against the judgment of conviction & order of sentence dated 03.01.2026 & 05.01.2026 respectively passed by learned Children Court (Sessions Judge), Jhunjhunu, in Sessions Case No. 95/2022 whereby the juvenile was convicted for the alleged offence(s) & sentenced to undergo maximum period of ten years rigorous imprisonment with fine. [2026:RJ-JP:27226] (2 of 3) [SOSA-314/2026] Learned counsel appearing on behalf of the juvenile submits that the juvenile has been in judicial custody since 06.05.2022 and he has remained in custody for a period of approximately four years and three months. Counsel further submits that at the time of the alleged incident, the juvenile was a minor and the charge- sheet was initially presented before the Juvenile Justice Board, subsequently, he was declared to be tried as an adult, and the trial was transferred to the Children’s Court, Jhunjhunu, where the proceedings are being conducted accordingly. Counsel further submits that juvenile is not named in the FIR and no overt act or specific role has been attributed to the delinquent and the witnesses namely, Rajesh Saini (PW-4), Makhanlal (PW-5), Kuldeep Saini (PW-6), Ankit Saini (PW-9), Kishore Singh (PW-10), Ganesh (PW-11), Sanwarmal (PW-14), Hazarilal (PW-15) & Trilok Singh (PW-18) did not support the story of the prosecution & turned hostile. The learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the present appeal will take its own time, hence, the sentence awarded to the juvenile-petitioner may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material on record. Taking into consideration the term of sentence, evidence adduced during trial, custody period & the submissions made at bar and without commenting upon the merits of the case, this [2026:RJ-JP:27226] (3 of 3) [SOSA-314/2026] Court deems it just and proper to suspend the sentence awarded to the juvenile-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 juvenile, namely Child Conflict With Law N @ T S/o Shri Dharmendra Singh Sodhi, by the learned Trial Court shall remain suspended during pendency of the 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 18.08.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH/62