KULDEEP SON OF BHAGWAN PRASAD v. STATE OF RAJASTHAN
SOSA/1528/2024 · 2026-03-10
Vinod Kumar Bharwani
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 779 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 779 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:10251] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1528/2024 In S.B. Criminal Appeal No.447/2024 Kuldeep Son Of Bhagwan Prasad, Resident Of Bamuliya Jogiyan Anta, District Baran (At Present Confined At District Jail Baran) ----Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Sameer Sharma For Respondent(s) : Mr. Sudesh Kumar Saini, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 10/03/2026 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, 2012 and Commission for Protection of Child Rights Act, 2005, No.2, Baran (Raj.), vide its judgment dated 09.02.2024, in Sessions Case No.58/2020, 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 was not on bail during trial and he is behind the bars since 28.01.2020. Counsel further submits that no incriminating evidence against the present appellant is reflected in
[2026:RJ-JP:10251] (2 of 2) [SOSA-1528/2024] the FSL report and 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. 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-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 Kuldeep Son Of Bhagwan Prasad, 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 10.04.2026 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J SAURABH /30