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RAJASTHAN HIGH COURT
Inderjeet Singh and Bhuwan Goyal, JJ.
Mahesh Chand Gurjar – Petitioner
versus
State of Rajasthan,
Through P.P. and Anr. – Respondents
D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 460/2025 in
D.B. Criminal Appeal No.103/2025
Decided on 14.5.2026
Counsel for the Parties:
For the Petitioner:Mr. Gurvindra Singh, Advocate
For the Respondents: Mr. Rajesh Choudhary, GA-cum-AAG, Mr. Vinod Kumar Sharma, Ms. Neha Goyal
For the Complainant: None present
IMPORTANT POINT
Suspension of sentence and release on bail pending appeal – Applicant claiming juvenility may be granted relief during pendency of appeal.
Headnote:
Procedure Code, 1973 – Section 389 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 430] – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 21 – Suspension of sentence and release on bail pending appeal – Applicant is a life convict for offences under Section 376-D of IPC and Section 3(2)(v) of SC/ST Act – Applicant is claiming to be a juvenile and alleging violation of Section 21 of Juvenile Justice Act, 2015 – Applicant is in custody for more than six years and eleven months and hearing of appeal may take long time – Sentence suspended during pendency of appeal and bail granted to applicant. (Paras 2, 5 and 6)
Result: Criminal Miscellaneous Petition allowed.
ORDER :
This suspension of sentence application has been filed by the applicant along with the appeal.
2. Counsel for the applicant has annexed the certificate under Rule 311(3) of the Rajasthan High Court Rules to the effect that the sentence of life imprisonment has been awarded to the applicant under Section 376-D IPC and Section 3(2)(v) of SC/ST Act and he is in judicial custody for more than six years and eleven months. Counsel further submits that the applicant has been falsely implicated in this matter and he has been sentenced to life imprisonment till natural life which is contrary to Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Counsel further submits that the appellant was not on bail during trial and hearing of appeal may take long time and prayed that sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal.
3. Learned GA-cum-AAG has opposed the application for suspension of sentence.
4. Despite information, no one has put appearance on behalf of the victim/complainant.
5. We have considered the contentions made above and perused the record.
6. Considering the facts and circumstances of the present case and the fact that the applicant is in custody for more than six years and eleven months and hearing of appeal may take long time, we deem it just and proper to allow this criminal miscellaneous suspension of sentence application.
7. In that view of the matter, this criminal miscellaneous suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant shall remain suspended during the pendency of the criminal appeal and the applicant be admitted to bail subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 10.07.2026 and thereafter as and when called upon to do so.
8. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.
