[2025:RJ-JP:20049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 573/2025 IN S.B. Criminal Appeal No.693/2025 Ramendra Son Of Rambabu, Aged About 75 Years, Resident Of Kirya Police Station Acchnera District Agra (Uttar Pradesh) (Accused Appellant Is In District Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal with Ms. Swati Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/05/2025 1. Instant SOS application is preferred by applicant-accused Ramendra S/o Rambabu in pending appeal filed aggrieved from judgment of conviction and sentence dated 07.03.2025 in Sessions Case No.95/2002 passed by learned Additional Sessions Judge Laxmangarh, District Alwar, whereby the applicant-accused was convicted and sentenced under Section 395, 397 and 398 IPC. The maximum sentence awarded is 10 years. 2. Learned counsel for applicant submits that applicant is an innocent person and he was falsely implicated by police. He further referred the facts of the case and submitted that the [2025:RJ-JP:20049] (2 of 5) [SOSA-573/2025] applicant was not named in a report registered by complainant. He further submitted that the report indicate that 8-10 un-named persons have committed dacoity, but the applicant was not identified by complainant. He further submitted that after arrest of applicant, identification parade (TIP) was organized, and only 2 out 4 have identified the applicant before the Court, but remaining two, have not identified the applicant for involvement. He further submitted that there was a dispute regarding involvement of present applicant, but the Trial Court without considering the cross-examination of witnesses have convicted the applicant- accused. He also submitted that during investigation, police has allegedly recovered one silver bracelet from possession of applicant, but the exclusive possession of applicant was not established from the recovery. He also referred the cross- examination of witnesses and submitted that only on evidence of PW-12 Mishri Lal (Investigating Officer), the applicant was convicted. He further referred the statement of PW-3 and submitted that the involvement of applicant was not proved beyond reasonable doubt. He also submitted that the applicant was suffering from severe illness and his age is 75 years. He also submitted that there is no criminal antecedents against him and he was on bail during trial. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Learned Public Prosecutor has submitted custody certificate along with report received from concerned Police Station and same are taken on record. [2025:RJ-JP:20049] (3 of 5) [SOSA-573/2025] 5. On basis of report dated 08.11.1988 registered by PW-4 (Phool Singh) FIR No.160/1988 was registered at P.S. Laxmangarh, District Alwar under Sections 395, 397, 398, 307 IPC and Sections 25, 27 of Arms Act. After investigation, police has filed a charge-sheet against accused-Sugriv, Ramendra, Yogendra, Anil Kumar, Kishan Lal @ Pappu @ Babu, Kuldeep @ Jaipal @ Dabbu and Shyam Singh under Sections 395, 397, 398, 307 IPC and Sections 25, 27 of Arms Act. Police has filed charge-sheet under Section 299 Cr.P.C. against absconder accused Jaipal, Prem Singh and Shri Krishan. Initially, charge under Sections 307, 395, 397 and 398 IPC was framed against accused. During trial, applicant-accused Ramendra was declared as absconder on 20.01.1997. After his arrest on 22.10.2023, the prosecution has examined 12 witnesses, exhibited 6 documents and 6 articles. The accused was examined under Section 313 Cr.P.C. and he has not submitted any defence evidence. The applicant was convicted under Sections 395, 397 and 398 of IPC, but was acquitted from charge under Section 307 IPC. No criminal antecedents is shown against the applicant. 6. A perusal of record indicate that this applicant-accused was on bail during trial, but as he was absconding, so his trial was delayed. After arrest on 23.10.2023, this applicant was again released on bail and he remained on bail till conviction on 07.03.2025. 7. We have considered the material available on record and referred the learned counsel for applicant. At this stage, it is not possible for us to express any opinion on the merits of the case, but the age of applicant is 75 years and disposal of appeal will [2025:RJ-JP:20049] (4 of 5) [SOSA-573/2025] take its own time, therefore, it is appropriate to allow SOS application. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of applicant-accused Ramendra S/o Rambabu is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 22.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant changes the place of residence, he will give in writing his 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. 9. In case, the applicant-accused has violated any condition then the order of suspension of sentence shall be recalled and cancelled. [2025:RJ-JP:20049] (5 of 5) [SOSA-573/2025] 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 /24