[2026:RJ-JP:10601] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 358/2026 In S.B. Criminal Appeal No.986/2023 1. Rakesh @ Kali S/o Shibburam, Resident Of Bolni Police Station Kishangarhbas, Alwar District Alwar (Rajasthan) (The Accused Appellant Is In Central Jail, Alwar) 2. Gurmeet @ Minna S/o Hoshiyar Singh, Resident Of Bolni Police Station Kishangarhbas, Alwar District Alwar (Rajasthan) (The Accused Appellant Is In Central Jail, Alwar) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 13/03/2026 The 2nd application for suspension of sentence has been preferred on behalf of the applicant-appellants 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, 2012 & Commission for Protection of Child Rights Act, 2005, No.4, Alwar vide its judgment dated 05.04.2023 in Sessions Case No.68/2021(CIS No.160/2021), whereby the applicant-appellants were convicted for the alleged offence(s) & [2026:RJ-JP:10601] (2 of 3) [SOSA-358/2026] sentenced to undergo maximum period of twenty years rigorous imprisonment with fine. Learned counsel appearing for the applicant-appellants submits that the applicants were not on bail during trial and they are behind the bars since 13.07.2021. 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-appellants 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 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-appellants during the pendency of the appeal. Accordingly, the 2nd application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Rakesh @ Kali S/o Shibburam & Gurmeet @ Minna S/o Hoshiyar Singh, by the learned Trial Court shall remain suspended during pendency of the [2026:RJ-JP:10601] (3 of 3) [SOSA-358/2026] 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 15.04.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /01