HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 490/2026 Sunil Kumar S/o Shri Sohan Lal, Aged About 27 Years, Resident Of Ward No. 02 Ganeshgarh Police Station Lalgarh Jatan District Sriganganagar Rajasthan ----Appellant Versus

1. State Of Rajasthan, Thrugh Pp

2. Gopal Ram S/o Dalip Ram, Resudent Of Ward No 03 Ganeshgarh Police Station Lalgarh Jatan Distict Sriganganagar Rajasthan.

----Respondents For Appellant(s) : Mr. K.V.Vyas For Respondent(s) : Mr. Hathi Singh Jodha,P.P.

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

13/03/2026

1. Admit. Issue notice. Learned Public Prosecutor accepts notice on behalf of the respondent No.1 State. Let notice be issued to the respondent No.2 to be served through the concerned SHO. Call for the record.

2. Heard learned counsel for the appellant-applicant and learned Public Prosecutor on application seeking suspension of sentence being S.B.Criminal Misc. Application for suspension of Sentence No. 446/2026 filed on behalf of applicant-appellant Perused the judgment impugned dated 25.02.2026 passed by learned Judge, Special Court, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, No.1, Sriganganagar and the material available on record.

3. Learned counsel for the appellant-applicant submits that the appellant-applicant has been convicted for the offences under Sections 333, 74 of BNS for a maximum period of three years' sentence. The appellant -applicant has been acquitted of the offence under Section 7/8 of the POCSO Act by the trial court. The appellant-applicant was on bail during trial and learned trial court has already suspended the sentence passed vide the judgment impugned for a limited period. The appellant-applicant has never misused the liberty of bail granted to him. The appellant-applicant has no criminal antecedents. Hearing of the appeal is likely to take long time. Therefore, he prays to suspend the sentence during pendency of appeal.

4. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence and prayed to dismiss the application seeking suspension of sentence.

5. Considering the submissions advanced by the learned counsel for the parties and the fact that appellant-applicant was on bail during trial and hearing of the appeal is likely to take long time, this Court deems it just and proper to suspend the sentence awarded to the appellant-applicant.

6. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (389 Cr.P.C.) is allowed and it is ordered that the sentences passed by the learned Judge, Special Court, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, No.1, Sriganganagar vide judgment dated 25.02.2026 in Sessions Case No.47/2025 (CIS No.77/2025) against the accused-applicant Sunil Kumar S/o Sohan Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 13.04.2026 and whenever ordered to do so till the disposal of the appeal.

(YOGENDRA KUMAR PUROHIT),J

56-RP/-