[2026:RJ-JP:12997] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1898/2025 In S.B. Criminal Appeal No.1211/2024 Vijay Kumar Sahariya S/o Shri Kanhaiya Lal Sahariya, Aged About 22 Years, Resident Of Khairna, Police Station Bhanwargarh, District Baran At Present Karni Nagar, Kunhadi, Police Station Kunhadi, Kota (Rajasthan) (At Present Confined In Central Jail, Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Appellant(s) : Mr. Aniroodh Mathur with Mr. Naman Yadav For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/03/2026 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 Special Judge, Protection of Children from Sexual Offences Act, No.1, Kota vide its judgment dated 21.09.2023 in Sessions Case No.228/2021, 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 is behind the bars since 03.07.2021, he has served more than five years in custody out of his total sentence and there are contradictions in the statement of the [2026:RJ-JP:12997] (2 of 3) [SOSA-1898/2025] victim recorded under Section 164 of Cr.P.C. as Ex.P-8 and during trial. Counsel further submits that 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-appellant may be suspended during the pendency of the appeal. It is hereby noted that despite intimation being served on victim/complainant, no one has appeared on behalf of complainant/victim. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the statement of the victim recorded under Section 164 of Cr.P.C. as Ex-P-8 on 02.07.2021 as well as during trial and 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 Vijay Kumar Sahariya S/o Shri Kanhaiya Lal Sahariya, 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 [2026:RJ-JP:12997] (3 of 3) [SOSA-1898/2025] trial Court with the stipulation that he shall appear before this Court on 27.04.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /52