[2026:RJ-JP:32531] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 1306/2024 CNR: RJHC020670522024 | URN: SOSA / 2256U / 2024 In S.B. Criminal Appeal No.4/2024 Raju Son Of Motilal, Aged About 27 Years, Resident Of Village Rupaheda Police Station Jeerapur, District Rajgarh (Madhya Pradesh) (Presently Confined In Jail At Kota) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Shree Ram Dhakad, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 17/08/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, Protection of Children from Sexual Offences Act, 2012 & Protection of Child Right for Commission Act, 2005, No.4, Kota (Raj.) vide its judgment dated 24.11.2023, in Special Sessions (POCSO) Case No.192/2022, 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:32531] (2 of 3) [SOSA-1306/2024] Learned counsel for the applicant–appellant submits that the applicant is behind the bars since 24.07.2022. He has already undergone approximately four & a half years out of the actual sentence. Counsel further submits that no force or coercion was exercised by the appellant with the victim and the statement of the victim recorded under Section 164 of Cr.P.C. also discloses facts indicative of her consent. Counsel further submits that there are material contradictions in relation to the age of the victim and the learned Trial Court has not appreciated the 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. It is hereby noted that despite intimation being served on victim/complainant, no one has appeared on behalf of complainant/victim. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the statements of the victim recorded under Sections 161 of Cr.P.C. (Ex.D-1) & 164 of Cr.P.C. (Ex.P-12), the written letter submitted by the victim (Ex.P-28) and the material made available on record. Looking to the overall facts & circumstances of the case, custody period and the submissions made at bar and without commenting upon the merits of the case, this Court deems it just [2026:RJ-JP:32531] (3 of 3) [SOSA-1306/2024] 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 Raju Son Of Motilal, 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 17.09.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J 25/SAURABH