[2025:RJ-JP:18676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 842/2025 in S.B. Criminal Appeal No. 784/2025 Raghuveer Singh Son Of Chand Singh, Aged About 64 Years, Resident Of Karadiya Gulji Police Station Atru District Baran (Raj) (At Present In District Jail Baran) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Santosh Kumar Jain Mr. Jagdish Singh Chauhan For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/05/2025 1. The instant application for suspension of sentence is preferred in pending appeal which was admitted on 01.04.2025 and aggrieved from order of conviction and sentence dated 20.03.2025 in Sessions Case No. 54/2015 passed by learned Special Judge, SC/ST (POA) Act cases, Baran, District Baran whereby appellant was convicted for offence under Sections 341, 324, 307, 323/34 IPC and sentenced accordingly. 2. Learned counsel for the appellant submits that the appellant is an innocent person and he was falsely implicated by complainant. He further submitted that this is a case of simple injury and none of the injury sustained by PW-20 Yogendra was [2025:RJ-JP:18676] (2 of 4) [SOSA-842/2025] found to be grievous or dangerous to life. He further submitted that learned trial court has ignored the evidence of PW-13 Dr. Jagdish and PW-20 Yogendra before convicting the present appellant. He also submitted that the trial court has ignored evidence of eye-witness PW-1 Lokesh. He further referred the evidence and submitted that the trial court has ignored material contradictions and also the fact the recovery was not proved beyond reasonable doubt. He further submitted that the appellant was on bail during trial and did not misused the liberty granted to him. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. Learned Public Prosecutor has submitted that the victim has already been informed. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. As per record total eight criminal cases were registered against appellant- Raghuveer but out of eight cases, four cases were already disposed of and in three cases the appellant accused was acquitted but in fourth he was convicted. The age of petitioner is more than 60 years. 6. On the basis of report submitted by the injured Yogendra (PW-20) on 13.08.2015 FIR no. 257/2015 was registered at P.S. Atru and after investigation police has filed charge-sheet against Raghuveer, Rajendra and Dev Karan. After framing of charge 22 witnesses were examined by prosecution and 25 documents were exhibited by prosecution. Accused were examined under Section 313 Cr.P.C. and they opted not to submit any defence evidence. [2025:RJ-JP:18676] (3 of 4) [SOSA-842/2025] After considering the material, accused Dev Karan and Rajendra were acquitted by the trial court but present appellant Raghuveer was convicted under Sections 324, 307, 323/34 IPC. The maximum sentence awarded is seven years. This appellant accused was on bail during trial. The appellant has served one month and twenty three days out of awarded sentence. 7. We have considered the statement of PW-13 Dr. Jagdish Yadav who examined victim on 13.08.2015 and prepared report Ex. P/10. The admission indicate that all injuries were simple in nature. We have gone through the statement of PW-20 Yogendra who is injured. Also considered the statement of PW-1 Lokesh who was named as an eye-wtiness. 8. Therefore, without expressing any opinion on merits, but considering the fact that the disposal of appeal will take its own time, 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- Raghuveer Singh Son Of Chand Singh 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 that he is involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:18676] (4 of 4) [SOSA-842/2025] 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 CHETNA BEHRANI /24(SOSA)