[2025:RJ-JP:18688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 827/2025 In S.B. Criminal Appeal No.1018/2025 Yogesh Kumar Baghel Son Of Lakhan Singh Baghel, Aged About 21 Years, At The Time Of Incident Aged 21 Years R/o Village Sista Post Bas Amru Police Station Saadabad Kotwali District Hathras Uttar Pradesh (At Present In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Yogesh Kumar Baghel Son Of Lakhan Singh Baghela in pending appeal filed aggrieved from order of conviction and sentence dated 05.04.2025 in Sessions Case No.43/2023 passed by learned Additional Sessions Judge No.8, Jaipur whereby appellant was convicted for offence under Sections 393, 307 IPC and 3/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is innocent person and he was falsely implicated. He further submitted that no person has sustained any injury in the instant case but under the influence of complainant, the appellant was [2025:RJ-JP:18688] (2 of 4) [SOSA-827/2025] falsely implicated by police. He further submitted that recovery of fire arm from possession of appellant is also doubtful fact and learned trial court has not considered the fact before convicting appellant. He also submitted that as per prosecution, shot was fired but neither any projectile not any palette was recovered. He further submitted that bag of accused was recovered on 01.08.2023 but the trial court without considering that the alleged offence was committed on 29.06.2023 and recovery of bag was effected on 01.08.2023, has convicted appellant. At last, he submitted that appellant has already served 2 years as sentence 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-3 submitted by Saksham on 29.06.2023, FIR No.201/2023 was registered at P.S. Manak Chowk. After investigation, police has filed charge-sheet against accused Yogesh, Rahul and Atul under Sections 307, 392, 511, 120B IPC and 3/25 of Arms Act. 6. On 14.12.2023, while considering the charge under Sections 227 and 228 Cr.P.C. the accused Rahul and Atul were discharged but Yogesh was charged. The prosecution has examined 20 witnesses and exhibited 23 documents along with seven articles. Accused was examined under Section 313 Cr.P.C. and he submitted defence witness of DW-1 Surajpal. Learned trial court [2025:RJ-JP:18688] (3 of 4) [SOSA-827/2025] has convicted appellant under Sections 307, 393 IPC and 3/25 of Arms Act. The maximum sentence awarded to appellant is five years. 7. As per report submitted by SHO, P.S. Manak Chowk no criminal antecedents were found against the appellant which indicated that no criminal case was registered against appellant. The appellant is in custody from date of arrest to till date and custody period is 1 year 10 months 4 days. 8. We have considered the statement of witnesses including PW-2 complainant. At this stage, it is not possible for us to express any opinion on merits of the case particularly discrepancies as pointed out by learned counsel for appellant but having considered that no actual injury was caused to anyone and no criminal antecedents were found against appellant, therefore, it is appropriate to allow application for suspension of sentence. 9. 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-Yogesh Kumar Baghel Son Of Lakhan Singh Baghel 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 12.08.2025 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 [2025:RJ-JP:18688] (4 of 4) [SOSA-827/2025] 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. 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. 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 PREETI VALECHA /20