Second application for suspension of sentence dismissed. The Court found no change in circumstances since the first dismissal, considering the nature of the offence under POCSO Act and the young age of the victim.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 1991/2025
In
D.B. Criminal Appeal No.383/2023
Mahendra Singh S/o Shrichand, Aged About 28 Years, Resident Of Bavanpada, P.s. Sikandra, District-Dausa (Raj.) At Present Confined At Distt. Jail- Dausa (Raj.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Bhupendra Jain |
|---|---|---|
| For Respondent(s) | : Mr. |
Jitender Singh Rathore, Addl. GA |
| Mr. | Gaurav Gupta, Assl. GA | |
| For Complainant(s) | : Mr. |
MeghrajMeena |
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
09/12/2025
This second suspension of sentence application has been filed by the appellant alongwith the appeal.
Counsel for the appellant has annexed the certificate under Rule 311 (3) of the Rajasthan High Court Rules to the effect that the sentence for life imprisonment has been awarded to the appellant under Section 5/6 of Prevention of Children from Sexual Ofences Act, 2012 and he is in custody . Counsel further submits
[2025:RJ-JP:50013-DB]
[SOSA-1991/2025]
(2 of 3)
that the hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail.
Counsel further submits that the first D.B. Criminal suspension of sentence application was dismissed on merits by this Court vide order dated 22.02.2024 which reads as under:-
“This suspension of sentence application has been filed by the appellant alongwith the appeal.
Counsel for the appellant 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 appellant under Section 5/6 of POCSO Act and he is in custody at Central Jail, Dausa. Counsel further submits that the appellant has been falsely implicated in this matter and hearing of the appeal may take long time, hence, the sentence awarded to the appellant may be suspended during the pendency of the appeal and he be released on bail.
Learned Addl. Govt. Advocate assisted by counsel for the complainant has opposed the application for suspension of sentence and submits that according to the statement of doctor (PW-1), the injuries were found on the anal area of the victim and according to the statement of victim (PW-3), the accused has committed unnatural sex with him and the victim is a boy of only 10 years. Counsel further submits that the FSL report (Ex.C-1) is also found positive.
Heard counsel for the parties and perused the record.
In the facts and circumstances of the present case and considering the statement of victim (PW-3) as well as of doctor (PW-1) and the fact that the victim is only of 10 years and looking to the nature of the offence(s) against the appellant, I am not inclined to grant the indulgence to the appellant as prayed for.
Hence, the application for suspension of sentence stands dismissed.”
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[SOSA-1991/2025]
(3 of 3)
Learned Addl. Govt. Advocate assisted by counsel for the complainant has opposed the application.
In the facts and circumstances of the present case and considering the fact that there is no change in the circumstances after rejection of first suspension of sentence application, We are not inclined to grant the indulgence to the appellant as prayed for.
Hence, this second application for suspension of sentence stands dismissed.
(ASHOK KUMAR JAIN),J
(INDERJEET SINGH),J
JYOTI /2
1 issue framed by the court
Whether the sentence of life imprisonment awarded under POCSO Act should be suspended during the pendency of the appeal?
2 provisions across 2 enactments
Mahendra Singh
State Of Rajasthan
Naval Kishor Jogi
Victim
INDERJEET SINGH
ASHOK KUMAR JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
