[2025:RJ-JP:21162] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 662/2025 In S.B. Criminal Appeal No.803/2025 Prahlad S/o Ramnath, Aged About 59 Years, R/o Maytha Thana Kishanganj District Baran (Rajasthan) (Accused Appellant Presently Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Prahlad S/o Ramnath in pending appeal filed and aggrieved from order of conviction and sentence dated 20.11.2024 in Sessions Case No. 15/2016 passed by learned Special Judge (SC/ST (POA) Act Cases), Baran whereby appellant was convicted for offence under Sections 341 and 307 IPC and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is innocent person and he was falsely implicated by complainant. He further referred report Ex.P- 1 and submitted that at the time of sowing, there was a heated exchange of words between injured PW-10 Kishan Lal and [2025:RJ-JP:21162] (2 of 4) [SOSA-662/2025] appellant and due to spontaneous provocation, resulting in scuffle between appellant and injured. He referred the statement of PW- 10 Kishan Lal and submitted that the assault was not a premeditated and there was a single blow. He further referred the statement of PW-16 Dr. Neeraj Sharma and submitted that injury caused by Kutiya was simple in nature and same was not found as dangerous to life. He further submitted that there is no evidence to show that appellant has committed assault with intention to cause life threatening injury. He further referred the discrepancies and contradictions in the evidence of prosecution and submitted that learned trial court ignored then while arriving at conclusion of conviction. At last, he submitted that appellant was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with report received from concerned police station and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex.P-1 lodged by PW-2, FIR No.136/2015 under Sections 341, 323 and 307 IPC was registered at P.S. Kishanganj, Baran on 04.07.2015. After investigation, police has filed charge-sheet against appellant. After framing the charge the prosecution has examined 16 witnesses and exhibited 15 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. Only one document Ex.D1 was exhibited in defence. The appellant was [2025:RJ-JP:21162] (3 of 4) [SOSA-662/2025] convicted under Sections 341 and 307 IPC and maximum sentence awarded to appellant is 5 years. 6. We have considered statement of injured PW-10 and also his cross-examination. Injured was examined by PW-16 Dr. Neeraj Sharma who prepared Ex.P-15 (injury report). PW-16 Dr. Neeraj Sharma has also opined about injury. The grounds raised by learned counsel can be considered at the time of final adjudication. 7. At this stage, it is not possible for us to express any opinion on merits of the case but it is also on record that appellant was on bail during trial and disposal of appeal will take its own time. There is one more case besides present one against the accused but looking to facts and circumstances of the case, it is appropriate to allow SOS application. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Prahlad S/o Ramnath is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 29.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:21162] (4 of 4) [SOSA-662/2025] 2. That he 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, 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. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /35