Kuldeep Son of Bhagwan Prasad Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

Kuldeep Son of Bhagwan Prasad Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Execution of the sentence awarded to the accused-appellant suspended during pendency of the appeal, subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearance before the Court on 10.04.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence of imprisonment awarded to the applicant-appellant should be suspended during the pendency of S.B. Criminal Appeal No.447/2024.

Court's answer

Taking into consideration the conviction, term of sentence and the submissions made at bar, and without commenting upon the merits of the case, the Court deemed it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Ratio / Principle

The application for suspension of sentence is allowed; execution of the sentence shall remain suspended during pendency of the appeal, subject to the applicant furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearing before this Court on 10.04.2026 and thereafter as and when called upon.

Detailed headnote1 paragraphs

Suspension of sentence — Application under Section 430 B.N.S.S. filed alongwith S.B. Criminal Appeal No.447/2024 — Applicant convicted 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.), by judgment dated 09.02.2024 in Sessions Case No.58/2020, and sentenced to undergo maximum period of twenty years rigorous imprisonment with fine — Applicant not on bail during trial and in custody since 28.01.2020 — Counsel contended no incriminating evidence against the appellant reflected in the FSL report and appeal hearing would take its own time — Without commenting upon the merits, and considering the conviction, term of sentence and submissions, the Court held it just and proper to suspend the sentence during pendency of the appeal — Execution of sentence suspended subject to personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearance before the Court on 10.04.2026 — Application allowed (Vinod Kumar Bharwani, J.).

[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 applicantappellant 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]

[SOSA-1528/2024]

(2 of 2)

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