[2025:RJ-JP:16003] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 606/2025 In S.B. Criminal Appeal No.726/2025 Mohanlal Son Of Gograj, Aged About 23 Years, Resident Of Bassinagan Police Station Jobner District Jaipur (Presently Confined In Sub Jail Sambhar Lake) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Nishant Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. B.B. Ojha, for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/04/2025 1. The instant suspension of sentence application is preferred by the accused-appellant-applicant/Mohanlal (hereinafter referred to as ‘the appellant’) in pending appeal filed aggrieved from judgment of conviction and sentence dated 06.03.2025 in Sessions Case No.66/2022 (20/2019) arising out of FIR No.141/2019 registered at Police Station Jobner District Jaipur passed by learned Additional Sessions Judge No.2, Sambhar Lake, District Jaipur whereby the accused appellant was convicted and sentence under Sections 304 (Part-2) and 325 IPC. The maximum sentence awarded to the accused-appellant is five years. [2025:RJ-JP:16003] (2 of 4) [SOSA-606/2025] 2. Learned counsel for the appellant while relying upon grounds of appeal submits that it is a false case wherein the accused- appellant has faced trial under the charge of Sections 302 and 307 IPC but the evidence on record clearly suggests that the accused- appellant was not involved in the said incident and only a false charge was levelled. He further submits that the accused appellant was on bail during trial. He further submits that the trial court has convicted the accused appellant under Part-2 of Section 304 IPC and sentenced him for a period of 5 years, which is contrary to record. At last, he submits that the disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 4. Learned counsel for the complainant submits that he has filed an appeal under the proviso to Section 413 of BNSS to challenge order of acquittal from charge under Section 302 IPC. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material available on record. 6. On basis of a written report (Ex.P-1) filed by complainant PW-1 Ram Narayan, FIR No.141/2019 was registered at Police Station Jobner and after investigation, police has filed charge- sheet under Sections 302 and 307 of IPC against accused appellant Mohan Lal. After facing trial, the trial Court has acquitted the accused appellant from charges under Sections 307 and 302 IPC but convicted him under Sections 304 (Part-II) and 325 of IPC. The accused-appellant was on bail during trial. 7. We have gone through the evidence on record, particularly, the cross-examination of material witnesses. The trial court after [2025:RJ-JP:16003] (3 of 4) [SOSA-606/2025] considering the entire evidence has acquitted the accused from charge under Sections 302 and 307 IPC. A Coordinate Bench has already admitted this appeal for consideration on merits. 8. The disposal of appeal will take its own time but at this stage, it is not possible for us to express any opinion on merits of the case but considering the overall facts and circumstances of the case, it is appropriate to allow suspension of sentence application of present appellant. 9. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant Mohanlal Son Of Gograj 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 24.07.2025 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. [2025:RJ-JP:16003] (4 of 4) [SOSA-606/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 10. In case, the appellant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MR/87