Dinesh @ Bhola S/O Brijmohan Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

Dinesh @ Bhola S/O Brijmohan Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Execution of the sentence imposed by the learned Trial Court suspended during pendency of S.B. Criminal Appeal No.2993/2023, 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 this Court on 10.04.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence awarded to the applicant-appellant should be suspended during the pendency of his appeal against conviction.

Court's answer

Taking into consideration the conviction, term of sentence and submissions 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 and the execution of the sentence awarded to the accused-applicant by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each.

Key takeaways

The suspension is conditioned on the applicant-appellant appearing before this Court on 10.04.2026 and thereafter as and when he is called upon to do so.ratio¶27

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single judge (Hon'ble Mr. Justice Vinod Kumar Bharwani), by order dated 10/03/2026 in S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 412/2024 arising out of S.B. Criminal Appeal No.2993/2023, allowed suspension of sentence under Section 389 Cr.P.C. sought by Dinesh @ Bhola S/o Brijmohan, who had been convicted by the learned Special Court (Protection of Children from Sexual Offences Act, 2012), Sawai Madhopur, vide judgment dated 03.05.2023 in Sessions Case No.71/2020, to undergo a maximum period of twenty years rigorous imprisonment with fine. The applicant, who was on bail during trial and in custody since 01.10.2020, obtained suspension of execution of sentence during pendency of the appeal without comment on merits, conditioned on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and appearance before the Court on 10.04.2026 and thereafter as called upon. Objections of the Public Prosecutor and counsel for respondent No. 2 (victim aged less than 13 years at the time of the alleged incident) were noted and overborne.

[2026:RJ-JP:10243]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 412/2024

In S.B. Criminal Appeal No.2993/2023

Dinesh @ Bhola S/o Brijmohan, R/o Chaodagion Police Station Sapotara, District Karauli.(At Present Confined In Central Jail, Sewar, Bharatpur)

----Appellant

Versus

State Of Rajasthan, Through P.p. 2. Victim, R/o

----Respondents

For Appellant(s) : Mr. Tarun Jain For Respondent(s) : Mr. Sudesh Kumar Saini, PP Mr. Amitabh Vijaywargia

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 389 of Cr.P.C. 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 03.05.2023 in Sessions Case No.71/2020, 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 on bail during trial and he is behind the bars since 01.10.2020. Counsel for the appellant further

[2026:RJ-JP:10243]

[SOSA-412/2024]

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submits that no incriminating evidence against the present appellant is reflected in the FSL report, Ex. D-1 & D-2, 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 and learned counsel for the respondent No.2 have vehemently opposed the submissions made herein-above and submitted that the age of the victim at the time of the alleged incident was less than 13 years and alleged offences are grievous in nature. Thus, the present application for suspension of sentence deserves to be dismissed.

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 Dinesh @ Bhola S/o Brijmohan, 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

[2026:RJ-JP:10243]

[SOSA-412/2024]

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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 /29