[2026:RJ-JP:16433] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 516/2026 In S.B. Criminal Appeal No.3566/2023 Baje Singh Son Of Gopilal, Aged About 36 Years, Resident Of Behadibeh, Police Station Bhojpur, District Rajgarh (Madhya Pradesh) (At Present In District Jail, Kota) ----Appellant Versus 1. The State Of Rajasthan, Through P.P. 2. Ram Singh Son Of Shri Jagannath, Resident Of Pahadpura, Police Station Manoharthana, District Jhalawar (Raj.) 3. Victim X, R/o ----Respondents For Petitioner(s) : Ms. Rajesh Kumari Kandwal For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Navdeep Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 18/04/2026 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 and the Commission for Protection of Child Right Act, No.1, Jhalawar (Raj.) vide its judgment dated 27.06.2023 in Sessions Case No.65/2020, whereby the applicant-appellant was convicted for the alleged [2026:RJ-JP:16433] (2 of 3) [SOSA-516/2026] offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. Learned counsel for the applicant–appellant submits that the applicant is behind the bars since 09.08.2020 and as per the Custody Certificate, appellant has served six years & two months in custody out of his total sentence. Counsel further submits that 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. Learned Public Prosecutor has vehemently opposed the submissions made herein-above and submitted that the victim is a minor. 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 Baje Singh Son Of Gopilal, 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/- [2026:RJ-JP:16433] (3 of 3) [SOSA-516/2026] each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 19.05.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /47