Rakesh @ Kali S/O Shibburam Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

Rakesh @ Kali S/O Shibburam 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-applicants (Rakesh @ Kali and Gurmeet @ Minna) suspended during the pendency of the appeal, on each 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 an undertaking to appear before this Court on 15.04.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence of twenty years rigorous imprisonment with fine awarded to the applicant-appellants should be suspended during the pendency of S.B. Criminal Appeal No.986/2023.

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 held it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal.

Ratio / Principle

The suspension is conditional: each accused-applicant must furnish a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court, and must appear before this Court on 15.04.2026 and thereafter as and when called upon to do so.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur), Vinod Kumar Bharwani, J., order dated 13/03/2026 in S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 358/2026 arising in S.B. Criminal Appeal No.986/2023: the 2nd application under Section 430 of B.N.S.S. for suspension of sentence was ALLOWED. Execution of the sentence imposed by judgment dated 05.04.2023 of the Special Judge (POCSO Act, 2012 & Commission for Protection of Child Rights Act, 2005), No.4, Alwar, in Sessions Case No.68/2021 (CIS No.160/2021) — conviction with a maximum of twenty years rigorous imprisonment with fine — was suspended during the pendency of the appeal for applicant-appellants Rakesh @ Kali and Gurmeet @ Minna (in custody since 13.07.2021, not on bail during trial), without commenting on merits, subject to each furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the Trial Court and appearing before the Court on 15.04.2026 and thereafter as called upon.

[2026:RJ-JP:10601]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc 2^nd Suspension Of Sentence Application (Appeal) No. 358/2026

In

S.B. Criminal Appeal No.986/2023

Rakesh @ Kali S/o Shibburam, Resident Of Bolni Police Station Kishangarhbas, Alwar District Alwar (Rajasthan) (The Accused Appellant Is In Central Jail, Alwar)

Gurmeet @ Minna S/o Hoshiyar Singh, Resident Of Bolni Police Station Kishangarhbas, Alwar District Alwar (Rajasthan) (The Accused Appellant Is In Central Jail, Alwar)

----Petitioners

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Shree Ram Dhakar, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

13/03/2026

The 2^nd application for suspension of sentence has been preferred on behalf of the applicant-appellants 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 & Commission for Protection of Child Rights Act, 2005, No.4, Alwar vide its judgment dated 05.04.2023 in Sessions Case No.68/2021(CIS No.160/2021), whereby the applicant-appellants were convicted for the alleged offence(s) &

[2026:RJ-JP:10601]

[SOSA-358/2026]

(2 of 3)

sentenced to undergo maximum period of twenty years rigorous imprisonment with fine.

Learned counsel appearing for the applicant-appellants submits that the applicants were not on bail during trial and they are behind the bars since 13.07.2021. Counsel further submits that 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-appellants may be suspended during the pendency of the appeal.

It is hereby noted that despite intimation being served on victim/complainant, no one has appeared on behalf of complainant/victim.

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-appellants during the pendency of the appeal.

Accordingly, the 2^nd application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Rakesh @ Kali S/o Shibburam & Gurmeet @ Minna S/o Hoshiyar Singh, by the learned Trial Court shall remain suspended during pendency of the

[SOSA-358/2026]

[2026:RJ-JP:10601]

(3 of 3)

appeal, provided each of them 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 they shall appear before this Court on 15.04.2026 and thereafter, as and when they are called upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /01