[2025:RJ-JP:20048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 902/2025 in S.B. Criminal Appeal No. 86/2025 1. Jansi Lal S/o Mathura Lal, Residing At Village Kalamya Police Station Dai District Bundi (At Present Confined In Dist. Jail Bundi) 2. Kalu Lal @ Chandpal S/o Mathura Lal, Residing At Village Kalamya Police Station Dai District Bundi (At Present Confined In Dist. Jail Bundi) ----Petitioners Versus The State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. V.P. Bishnoi with Mr. Vishnu Kumar Badaya For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/05/2025 1. Instant application for suspension of sentence is preferred by Jansi Lal S/o Mathura Lal and Kalu Lal @ Chandpal in pending appeal, filed aggrieved from judgment of conviction and sentence dated 05.12.2024 in sessions case No. 07/2021 (61/2011) (38/2014) passed by learned Additional Sessions Judge, Nainwa, District Bundi whereby both the appellants were convicted under Sections 307 and 324 IPC. The maximum sentence awarded to each of the appellant is 7 years. [2025:RJ-JP:20048] (2 of 5) [SOSA-902/2025] 2. Learned counsel for appellants while relying upon grounds of appeal submits that appellants are innocent person and they were falsely implicated at the behest of the complainant party. He further submits that a cross-case was also registered for the same incident which occurred in 2010 wherein both the parties have suffered injuries. He further submits that accused were in possession over the land for which the complainant party has tried to raise dispute. He further submits that the incident was a result of a sudden provocation and in case of sudden provocation, the matter falls under the exception and the trial Court has committed serious error while convicting the appellants-accused under Section 307 IPC. He also submits that FIR was registered against 16 persons and after investigation police has filed charge-sheet against 9 persons but the Trial Court after considering the evidence has acquitted 7 persons and convicted only two persons. He further submits that the evidence of injured- Phoru Lal and medical jurist clearly suggest that there was no intention to cause a grievous injury as the injury was skin deep. He further submits that this injury was not dangerous to life and the Trial Court has committed serious error while convicting the appellants-accused considering it to be dangerous to life and attempt to murder. At last, he submits that both the appellants-accused was on bail during trial and they have not misused any liberty granted to them and the disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted custody certificates of both the appellants along with report received from Police Station Dei, District Bundi. [2025:RJ-JP:20048] (3 of 5) [SOSA-902/2025] 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the material available on record. 5. On the basis of Parcha Bayan of PW-2 Daya Kishan dated 06.07.2010 FIR No. 255/2010 was registered at Police Station Dei District Bundi. After investigation, a charge-sheet under Sections 307, 323, 324, 325, 336, 341 and 149 IPC was filed against 9 persons. After framing the charge, the prosecution has examined 28 witnesses and exhibited 51 documents. Accused were examined under Section 313 Cr.P.C. and examined DW-1 as defence witness and exhibited 29 documents in defence. Learned trial Court has convicted 3 persons Jansi Lal, Kalu Lal @ Chandpal and Raju Lal. After conviction of Raju Lal under Section 324 IPC he was released on probation under Section 4 of Probation of Offenders Act but Jansi Lal and Kalu Lal @ Chandpal were convicted under Sections 307 and 324 IPC and further sentenced to undergo rigorous imprisonment of 7 years and 2 years respectively with fine. 6. The trial Court has considered the evidence of both the parties and observed that there was a cross-case arising out of same incident. The dispute was a result of sudden provocation due to land dispute between the parties and total 26 persons were involved in the incident. The Trial Court has further observed that persons from the both sides were actively participated in the incident. We have considered the statement of PW-23 (Dr. Gopallal) who prepared injury report of Savitri, Daya Kishan, Phoru Lal and Hansa Bai. We have considered the evidence of complainant-injured Daya Kishan and other injured persons Savitri, Phoru Lal and Hansa Bai. [2025:RJ-JP:20048] (4 of 5) [SOSA-902/2025] 7. The grounds raised by learned counsel requires adjudication on merits. At this stage, it is not possible for us to express any opinion on these grounds but these appellants-accused were on bail during trial and disposal of appeal will take its own time, therefore, it is appropriate to allow application for suspension of sentence of both the appellants-accused. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellants-accused Jansi Lal S/o Mathura Lal and Kalu Lal @ Chandpal is suspended till disposal of appeal with the condition that each of them would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 25.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellants-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellants will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellants changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court. [2025:RJ-JP:20048] (5 of 5) [SOSA-902/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 9. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and canceled. 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 MONU /24