Allowed¶22

Mukesh S/O Kalyan v. State of Rajasthan

Rajasthan HC17 Mar 2026SOSA/1540/2024

Case brief

AI extract

What is this about?

Suspension of sentence; Section 430 BNSS; S.B. Criminal Appeal No.3546/2023; SOSA 1540/2024; POCSO Special Court Sawai Madhopur; Sessions Case No.26/2020; conviction 03.11.2023; twenty years rigorous imprisonment; custody since 13.06.2020; personal bond Rs.50,000/-; two sureties Rs.25,000/- each; appearance 17.04.2026; Rajasthan HC Jaipur; Vinod Kumar Bharwani, J.; order dated 17/03/2026.

What did the court decide?

Suspension of execution of sentence awarded to the accused-appellant Mukesh S/o Kalyan during pendency of the appeal, upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, and an undertaking to appear before the Court on 17.04.2026 and thereafter as and when called upon. ¶22

Mukesh S/O Kalyan Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence of twenty years rigorous imprisonment with fine awarded to the applicant-appellant should be suspended during the pendency of S.B. Criminal Appeal No.3546/2023, considering his custody since 13.06.2020 and the time the appeal hearing will take.

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Court's answer

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

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Ratio / Principle

The application for suspension of sentence is allowed; execution of the sentence shall remain 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, with the stipulation that the applicant appear before this Court on 17.04.2026 and thereafter as and when called upon.

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Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Vinod Kumar Bharwani, J.) allowed an application under Section 430 of B.N.S.S. for suspension of sentence filed alongwith S.B. Criminal Appeal No.3546/2023. The appellant, convicted and sentenced by the Special Court (POCSO Act, 2012), Sawai Madhopur, vide judgment dated 03.11.2023 in Sessions Case No.26/2020 to undergo maximum twenty years rigorous imprisonment with fine, had been in custody since 13.06.2020 without bail during trial. Without commenting on merits, the Court suspended execution of sentence during pendency of the appeal subject to a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, and an appearance on 17.04.2026.

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[2026:RJ-JP:11314]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1540/2024

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In S.B. Criminal Appeal No.3546/2023

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Mukesh S/o Kalyan, Resident Of Kala Kohara, Dhani Talda, Police Station Khandar District Sawai Madhopur (At Present Confined In Central Jail Sevar, Bharatpur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Tarun Jain For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Manvendera Singh Choudhary

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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17/03/2026

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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 learned Special Court, Protection of Children from Sexual Offences Act, 2012, Sawai Madhopur vide its judgment dated 03.11.2023 in Sessions Case No.26/2020, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine.

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Learned counsel appearing for the applicant-appellant submits that the applicant was not on bail during trial and he is behind the bars since 13.06.2020. Counsel further submits that the learned Trial Court has not appreciated the facts and

[2026:RJ-JP:11314]

[SOSA-1540/2024]

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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.

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Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the submissions made herein-above.

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Heard learned counsel for the parties and perused the material made available on record.

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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.

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Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Mukesh S/o Kalyan, 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 17.04.2026 and thereafter, as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAURABH /43

Mukesh S/O Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh S/O Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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