[2026:RJ-JP:16021] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 268/2026 In S.B. Criminal Appeal No.3263/2023 Kailash S/o Mohan Singh, R/o Devkhera, P.s. Jawaja, Distt. Ajmer Raj. (Presently At Central Jail, Sewar, Distt. Bharatpur) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Victim, R/o ----Respondents For Petitioner(s) : Mr. Anurag Chahar For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Navdeep Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 16/04/2026 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, 2012 and the Commission for Protection of Child Right Act (2005), Karauli (Raj.) vide its judgment dated 02.09.2023 in Sessions Trial Case No.87/2022, 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:16021] (2 of 3) [SOSA-268/2026] Learned counsel for the applicant–appellant submits that the applicant was in judicial custody during trial and he is behind the bars since 20.07.2022. Counsel further submits that the appellant did not commit any wrongful act forcefully with the victim and there are contradictions in the statements of the victim recorded under Section 161 of Cr.P.C. (Ex.D-1) & during trial (PW-2). Counsel further submits that the victim's mother did not support the story of the prosecution & turned hostile. Counsel further submits that during cross-examination, the victim stated that she had accompanied the appellant of her own free will and there is also contradiction with regard to the age of the victim. Counsel further contended 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 evidence adduced during trial, the order of learned Trial Court & 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. [2026:RJ-JP:16021] (3 of 3) [SOSA-268/2026] Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Kailash S/o Mohan Singh, 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 16.05.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /52