[2025:RJ-JP:19745] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 761/2025 In S.B. Criminal Appeal No.920/2025 Harinarayan Koli Son Of Nanagram, Aged About 50 Years, Resident Of Chobdiwala Police Station Kolwa District Dausa (Rajasthan) (Presently Confined In Jail At Dausa) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. G.L. Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Harinarayan Koli Son Of Nanagram in appeal filed aggrieved from order of conviction and sentence dated 24.03.2025 in Sessions Case No.25/2022 passed by learned Additional Sessions Judge No.2, Bandikui whereby appellant was convicted for offence under Sections 459 and 326 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 submitted that there is animosity due to pending land dispute between complainant and appellant. He further submitted that PW-1 Tara Devi wife of [2025:RJ-JP:19745] (2 of 4) [SOSA-761/2025] injured and PW-4 Ghasi were examined by prosecution and there is material contradiction in the statement and the trial court has ignored them while drawing conclusion of conviction. He further submitted that PW-12 Dr. Jamsher Khan has examined injured and prepared injury report Ex.P-17, who was not treating a doctor. He further submitted that evidence is not sufficient to conclude that injury was grievous in nature and caused by any sharp edged weapon. He further referred the investigation and submitted that recovered weapon was not sent to FSL examination. At last, he submitted that appellant was on bail during trial and there is no criminal antecedents against the appellant. 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 submitted by PW-1 Tara Devi on 12.06.2022 about incident of 11.06.2022, FIR No.87/2022 was registered ay P.S. Kolwa under Sections 459 and 324 IPC. After investigation police has filed charge-sheet against appellant under Section 459 and 326 IPC. The prosecution has examined 13 witnesses and exhibited 19 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. The trial court has convicted appellant under Sections 459 and 326 IPC and sentenced him to undergo 5 years of simple imprisonment with fine of ₹10,000/- in each offence. [2025:RJ-JP:19745] (3 of 4) [SOSA-761/2025] 6. The appellant was on bail during trial. We have considered evidence of PW-1 Tara Devi (complainant) and PW-4 Ghasi but any discrepancies in their statement can be considered at the time of final adjudication, and not at this stage. It is also apparent that injury report was prepared by PW-12 Dr. Jamsher Khan. The recovery memo and FSL report is also placed on record and we have perused them. 7. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to facts and circumstances of the case, it is appropriate to release appellant on bail. 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 accusedHarinarayan Koli Son Of Nanagram 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 20.08.2025 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. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. [2025:RJ-JP:19745] (4 of 4) [SOSA-761/2025] 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 /27