[2025:RJ-JP:15670] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 575/2025 In S.B.. Criminal Appeal No.694/2025 1. Mangilal S/o Kashilal, Aged About 72 Years, R/o Dhikwani Police Station Kelwara District Baran (Raj) (Appellants Are Confined In District Jail Baran) 2. Mangal Singh S/o Pappulal, Aged About 26 Years, R/o Dhikwani Police Station Kelwara District Baran (Raj) (Appellants Are Confined In District Jail Baran) 3. Sukhwanti Bai W/o Ummed Singh, Aged About 32 Years, R/o Dhikwani Police Station Kelwara District Baran (Raj) (Appellants Are Confined In District Jail Baran) 4. Indrabai W/o Ramdayal, Aged About 39 Years, R/o Dhikwani Police Station Kelwara District Baran (Raj) (Appellants Are Confined In District Jail Baran) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. Asgar Khan Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/04/2025 1. Instant SOS application is preferred by applicants-accused- Mangilal S/o Kashilal, Mangal Singh S/o Pappulal, Sukhwanti Bai W/o Ummed Singh and Indrabai W/o Ramdayal in pending appeal filed by aggrieved from judgment of conviction and sentence dated 05.03.2025 in Sessions Case No.81/2017 passed by learned [2025:RJ-JP:15670] (2 of 4) [SOSA-575/2025] Additional Sessions Judge No.1, Baran whereby the applicants- accused were convicted and sentenced under Sections 148, 341, 323, 324, 326, 307 read with Section 149 IPC. 2. Learned counsel for applicants while placing reliance upon grounds of appeal submits that applicants are innocent and they were falsely implicated by complainant arty. 3. Learned counsel for applicants further submits that is a case of open and free fight relating to a dispute pertaining to possession over the land. He further submits that out four applicants, two applicants-Sukhwanti Bai and Indra Bai were released on anticipatory bail during investigation, whereas two other applicants-Mangilal and Mangal Singh were released on regular bail during trial. He further referred the statement of injured-Komal Prasad and Guddi and submitted that none of them have indicated attribution of grievous injury upon any of applicants. He further referred the discrepancies and material contradictions in the statement of witnesses as examined by prosecution. At last, he submitted that the disposal of appeal will takes its own time and presently applicants are in custody for last more than one month. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for respondent-complainant. 5. Heard learned counsels for the parties and learned Public Prosecutor. Perused the record. 6. On basis of report submitted by complainant-Narain Singh on 06.07.2014 FIR No.151/2014 was registered at P.S. Kelwara, District Baran. After investigation, police has filed charge-sheet [2025:RJ-JP:15670] (3 of 4) [SOSA-575/2025] against eight persons including four of present applicants under Sections 148, 341, 323, 324, 326, 307 and149 IPC. 7. Learned Trial Court has convicted seven accused-Ramdayal, Ummed Singh, Mangilal, Ramcharan, Mangal Singh, Sukhwanti Bai and Indra Bai under Sections 148, 341, 323, 324, 326, 307 read with Section 149 IPC. One of the accused Naresh Singh was absconded during trial, therefore, his case was kept pending. The maximum sentence awarded to present applicants is five years under Section 307/149 IPC. There is no criminal antecedents on record. 8. Having considered the submission and also the grounds as raised herein and without express any opinion on merits of the case, it is appropriate to grant SOS to the applicants, who were not named as the person responsible to cause grievous injury upon injured-Komal Prasad and Guddi. 9. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein applicants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of applicants-accused- Mangilal S/o Kashilal, Mangal Singh S/o Pappulal, Sukhwanti Bai W/o Ummed Singh and Indrabai W/o Ramdayal is suspended till disposal of appeal with the condition that each of them would executes a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each of them to the satisfaction of the learned trial Judge for his appearance in this Court on 23.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:15670] (4 of 4) [SOSA-575/2025] 1. After release of applicants on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. 2. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J GAURAV /40