[2025:RJ-JP:19747] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 828/2025 In S.B. Criminal Appeal No.1020/2025 Sawan Khinchi son of Ramkaran Aged About 35 Years, (Presently 35 Years ) Son Of Ramkaran Resident Of Rajpura Ward Kumharon Ka Mohalla Barna District Barna At Present In Central Jail Kota ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 795/2025 In S.B. Criminal Appeal No.975/2025 Imran Urf Golu S/o Abdul Salam, Aged About 31 Years, R/o Mandola Ward Saras Ki Todi Near Masjid Baran District Baran (At Present The Accused Appellant Is Confined In The District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar Mr. Manish Gupta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/05/2025 [2025:RJ-JP:19747] (2 of 5) [SOSA-828/2025] 1. These applications for suspension of sentence is preferred in appellants-Sawan Khinchi son of Ramkaran and Imran Urf Golu S/o Abdul Salam aggrieved from order of conviction and sentence dated 09.04.2025 in Sessions Case No.288/2016 passed by learned Special Judge (SC/ST (POA) Act Cases), Baran whereby appellants were convicted for offence under Sections 307 or 307/34 IPC and sentenced to undergo imprisonment of five years with fine. 2. Learned counsel for appellants while relying upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated by the police. He further submitted that parties have settled their dispute by way of compromise and learned trial court has attested compromise under Sections 341 and 323 IPC but as offence under Section 307 is not compoundable so the trial court has convicted appellants under Section 307 IPC. He further submitted that injuries were simple in nature and nowhere it was proved that injury upon Om Prakash was dangerous to life. He further referred the evidence of PW-5 Dr. Jagdish Yadav and submitted that he is not a treating surgeon and his opinion is based on certain reports placed before him. He further referred cross-examination of PW-1 Om Prakash and submitted that the discrepancies clearly indicated that injury was not attributed upon any of the appellants. He further addressed the pending cases as referred by learned Public Prosecutor and submitted that most of the cases were disposed of except one case. Learned counsel for appellant Sawan submitted certain judgments to fortify his contentions about acquittal of appellant from a case as referred by learned Public Prosecutor. [2025:RJ-JP:19747] (3 of 5) [SOSA-828/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with intimation slip and report received from concerned police station and same are taken on record. 4. Heard learned counsel for appellants and learned Public Prosecutor. Perused the record. 5. In brief, facts of the case are that on the basis of parcha bayan statement of PW-1 Om Prakash, admitted in emergency ward, for assault by Sawan, Imran and one juvenile for which FIR No. 162/2013 was registered at P.S. Kotwali, Baran on 20.03.2013. After investigation police has filed charge-sheet against appellants under Sections 341, 326, 307 and 34 IPC. After framing charge, prosecution has examined 13 witnesses and exhibited 17 documents. Accused were examined under Section 313 Cr.P.C. but they have not submitted any defence evidence. During pendency of case before trial court, injured complainant had entered into compromise with both appellants and after attestation of compromise under Sections 341, 323 IPC, appellants were convicted under Section 307 or 307/34 IPC and maximum sentence awarded to each of appellants is 5 years. 6. The appellants were on bail during trial and disposal of appeal will take its own time. As per record 9 cases were registered against Sawan and out of which 7 cases were disposed of and except in one case appellant was not convicted in any case. Two cases were pending and learned counsel for appellant has submitted certain judgments relating to acquittal of appellant. As per prosecution total 4 cases were registered against appellant [2025:RJ-JP:19747] (4 of 5) [SOSA-828/2025] Imran and except in present case, he was acquitted in two other cases and one case is pending. 7. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is appropriate to release appellants on bail. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The applications under Section 430(1) B.N.S.S. are allowed and sentence of appellants accused-Sawan Khinchi son of Ramkaran and Imran Urf Golu S/o Abdul Salam is suspended till disposal of appeal with the condition that each of them 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 their 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 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. [2025:RJ-JP:19747] (5 of 5) [SOSA-828/2025] 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 /29-30