[2025:RJ-JP:20875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 908/2025 in S.B. Criminal Appeal No. 3367/2024 Vikas S/o Rampal, Dhani Bheemji Ki Tan Rajnota, District Kotputli-Behror (At Present Confined In Sub Jail Kotputli) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Narendra Mewara Mr. Ankur Daima For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/05/2025 1. The instant application for suspension of sentence is preferred by appellant aggrieved from order of conviction and sentence dated 06.12.2024 in Sessions Case No.20/2012 passed by learned Additional District and Sessions Judge No.4, Kotputli whereby appellant was convicted for offence under Sections 341, 323/34, 325/34, 326/34, 307/34 IPC and sentenced accordingly 2. Learned counsel for the appellant while relying upon grounds of appeal submitted the appellant is an innocent person and he was falsely implicated in the instant case. He further submitted that on 08.04.2025 this Hon’ble Court has allowed SOS application of co-accused Shakutala and the case of appelalnt is identical with [2025:RJ-JP:20875] (2 of 4) [SOSA-908/2025] Shakuntala. He further referred the incident and also the statement of injured PW-3 Subhash and submitted that no specific assignment was made about the assault against the appellant. He further referred the contradictions and discrepancies and submitted that the trial court has ignored these contradictions before drawing a conclusion of conviction. He also submitted that the appellant accused was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report dated 05.06.2012 submitted by complainant Vikram Singh about assaulting on his brother, FIR NO.199/2012 was registered at P.S. Paragpura, Jaipur Rural and after investigation, police has filed charge-sheet against Vijay, Vikas and Shakuntla under Sections 341, 323/34, 325/34, 326/34, 307/34 IPC. 6. Learned trial court after framing charge has proceeded to examine witnesses produced by the prosecution. The injured was examined as PW-3 whereas medical jurist Dr. Satish was examined as PW-6 and other doctors as PW-10 Arun and PW-12 Subhash Agarwal. IO was examined as PW-9. The trial court after considering evidence on record has convicted appellant along with two other persons under Sections 323, 341, 325, 326, 307 read with 34 IPC. [2025:RJ-JP:20875] (3 of 4) [SOSA-908/2025] 7. This appellant accused was on bail during trial and recovery of wooden mash was made from present appellant. We have considered the opinion given by PW-10 Arun Pradhan after examining the injuries upon injured Subhash. As per Ex. P/25 the injury no.1 was dangerous to life. 8. Therefore, without expressing any opinion on merits, considering the fact that 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- Vikas S/o Rampal 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 28.08.2025 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. 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. [2025:RJ-JP:20875] (4 of 4) [SOSA-908/2025] 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J Chetna/23(SOSA)