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2026 DAILYLAW 4373 (RAJ)

RAMKESH S/O RAMESHWAR v. STATE OF RAJASTHAN

SOSA/610/2026 · 2026-04-02

Vinod Kumar Bharwani

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:13811] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.610/2026 In S.B. Criminal Appeal (Sb) No. 673/2026 1. Ramkesh S/o Rameshwar, Aged About 32 Years, R/o Raini Police Station Raini District Alwer (Raj.). 2. Kamal Kant S/o Kailash Chand, Aged About 35 Years, R/o Raini, Police Station Raini, District Alwar (Raj.). ----Appellants Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Santosh Kumar Soni For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/04/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants 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, No.1, Alwar (Raj.) vide its judgment dated 18.03.2026 in Sessions Case No.8/2026, whereby the applicant-appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of two years rigorous imprisonment with fine. Learned counsel appearing for the applicant-appellants submits that the appellants were on bail during trial and the learned Trial Court has already suspended the sentence of the appellants for a period of one month. Counsel further submits that [2026:RJ-JP:13811] (2 of 2) [SOSA-610/2026] the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants 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. Looking to the overall facts & circumstances of the case and 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-appellants 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-applicants, namely Ramkesh S/o Rameshwar & Kamal Kant S/o Kailash Chand, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them 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 they shall appear before this Court on 02.05.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /26