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2026 DAILYLAW 18729 (RAJ)

SAMEER HARIJAN S/O SHRI RAJULAL HARIJAN v. STATE OF RAJASTHAN

SOSA/1545/2024 · 2026-01-09

Inderjeet Singh, Sameer Jain

Criminal Appealbody2026

Judgment text

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[2026:RJ-JP:946-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application No. 1545/2024 IN D.B. Criminal Appeal No.75/2022 Sameer Harijan S/o Shri Rajulal Harijan, Aged About 28 Years, R/o Prem Nagar Second, Behind Hanuman Mandir, P.s. Udhyog Nagar, Kota (Raj.) (Appellant Are Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat with Mr. Pushpendra Singh For Respondent(s) : Mr. Sudesh Kumar Saini, Additional Government Advocate with Mr. Navdeep Singh. Ms. Indu Shekhawat on behalf of Mr. Mukesh Pal Jadoun. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE SAMEER JAIN Order 09/01/2026 1. This 2nd suspension of sentence application has been filed by the 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 life imprisonment has been awarded to the applicant under Section 3/4 of POCSO Act, he is in Judicial custody at Central Jail, Kota. He further submits that during the period of interim suspension, the applicant has solemnized the marriage with the victim. He further submits that the hearing of appeal may take long time and prayed [2026:RJ-JP:946-DB] (2 of 2) [SOSA-1545/2024] that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 3. Learned Additional Government Advocate assisted by counsel for the complainant has admitted the fact of marriage solemnized between the appellant and victim in this regard, the report dated 26.10.2025 submitted by the Jail Superintendent along with the marriage certificate is taken on record. 4. We have heard counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the present case and also considering the fact that the applicant has solemnized the marriage with the victim and the hearing of appeal may take long time, We deem it just and proper to allow this criminal miscellaneous suspension of sentence application. 6. In that view of the matter, this criminal miscellaneous 2nd suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 09.02.2026 and thereafter as and when called upon to do so. 7. In case of any difficulty, the complainant/victim is free to file application for cancellation of the bail. 8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance. (SAMEER JAIN),J (INDERJEET SINGH),J MG/2