[2026:RJ-JP:12163] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 233/2026 In S.B. Criminal Appeal No.1514/2023 Deepak Alias Deepu Son Of Shri Hazarilal Bairwa, Aged About 22 Years, Resident Of Near Mataji Mandir, Indra Gnadhi Nagar, Police Station, Udyog Nagar, Kota At Present Lodged In The Central Jail, Kota ----Appellant Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Appellant(s) : Mr. Ashvin Garg with Mr. Nonit Hatila For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 23/03/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, Protection of Children from Sexual Offences Act & Commission for Protection of Child Rights Act, No.1, Kota vide its judgment dated 12.04.2023 in Special Sessions Case No.221/2020, whereby the applicant- appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. Learned counsel appearing for the applicant-appellant submits that the applicant was not on bail during trial and he is behind the bars since 31.07.2020. Counsel further submits that there are contradictions in the statements of the victim recorded [2026:RJ-JP:12163] (2 of 2) [SOSA-233/2026] under Sections 161, 164 of Cr.P.C. & during trial and the learned Trial Court has not appreciated the evidence as well as facts & circumstances of the case holistically and the hearing of the appeal will take its own time to conclude, hence, the sentence awarded to the applicant-appellant 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 made available on record. Taking into consideration the conviction, term of sentence & 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 Deepak Alias Deepu Son Of Shri Hazarilal Bairwa, 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 23.04.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /50