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

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

What the court decided

AI extract

Outcome

Execution of the sentence awarded to accused-applicants Ramkesh S/o Rameshwar and Kamal Kant S/o Kailash Chand suspended during pendency of the appeal, subject to furnishing a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearance before this Court on 02.05.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence of rigorous imprisonment (maximum two years) with fine awarded to the applicant-appellants should be suspended during the pendency of the appeal under Section 430 of BNSS.

Court's answer

Looking to the overall facts and circumstances and submissions 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-appellants during the pendency of the appeal.

Ratio / Principle

The suspension was made conditional on each appellant 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 on their appearance before this Court on 02.05.2026 and thereafter as called upon.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (single Judge, Vinod Kumar Bharwani, J.), by order dated 02/04/2026 in S.B. Criminal Misc. Suspension of Sentence Application No.610/2026 in S.B. Criminal Appeal (Sb) No. 673/2026, allowed the application of appellants Ramkesh S/o Rameshwar and Kamal Kant S/o Kailash Chand under Section 430 of BNSS to suspend, during the pendency of the appeal, the sentence of maximum two years' rigorous imprisonment with fine imposed on them by the Court of the learned Special Judge, Protection of Children from Sexual Offences Act, 2012, No.1, Alwar, vide judgment dated 18.03.2026 in Sessions Case No.8/2026. Suspension was granted without commenting on the merits, conditional on each appellant 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 the High Court on 02.05.2026 and thereafter as called upon. The Court noted the appellants were on bail during trial and the Trial Court had already suspended their sentence for one month.

[2026:RJ-JP:13811]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.610/2026 In

S.B. Criminal Appeal (Sb) No. 673/2026

Ramkesh S/o Rameshwar, Aged About 32 Years, R/o Raini Police Station Raini District Alwer (Raj.).

Kamal Kant S/o Kailash Chand, Aged About 35 Years, R/o Raini, Police Station Raini, District Alwar (Raj.).

----Appellants

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s)	: Mr. Santosh Kumar Soni
For Respondent(s)	: Mr. Rajendra Singh Shekhawat, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

02/04/2026

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, Protection of Children from Sexual Offences Act, 2012, No.1, Alwar (Raj.) vide its judgment dated 18.03.2026 in Sessions Case No.8/2026, whereby the applicant-appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of two years rigorous imprisonment with fine.

Learned counsel appearing for the applicant-appellants submits that the appellants were on bail during trial and the learned Trial Court has already suspended the sentence of the appellants for a period of one month. Counsel further submits that

[SOSA-610/2026]

[2026:RJ-JP:13811]

(2 of 2)

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.

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.

Looking to the overall facts & circumstances of the case and 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 application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Ramkesh S/o Rameshwar & Kamal Kant S/o Kailash Chand, by the learned Trial Court shall remain suspended during pendency of the 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 02.05.2026 and thereafter, as and when they are called upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /26