[2025:RJ-JP:21749] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 910/2025 In S.B. Criminal Appeal No. 1173/2025 1. Shivraj S/o Raghuveer, R/o Haripura Police Station Ayana District Kota (At Present Confined In Central Jail Kota) 2. Rohit @ Potya S/o Bhagatsingh, R/o Haripura Police Station Ayana District Kota (At Present Confined In Central Jail Kota) 3. Pramod @ Parmanand S/o Ramniwas, R/o Haripura Police Station Ayana District Kota (At Present Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 22/05/2025 1. The instant application for suspension of sentence is preferred by appellants-Shivraj S/o Raghuveer, Rohit @ Potya S/o Bhagatsingh and Pramod @ Parmanand S/o Ramniwas, in pending filed aggrieved from order of conviction and sentence dated 22.04.2025 in Sessions Case No.243/2022 passed by learned Additional Sessions Judge No.3, Kota whereby appellants was convicted for offence under Sections 307/34, 323/34, 341 and 504 IPC and sentenced accordingly. [2025:RJ-JP:21749] (2 of 4) [SOSA-910/2025] 2. Learned counsel for the appellants submitted that appellants are innocent persons and they were falsely implicated by complainant. He further submitted that as per report registered by injured Mohan Murari, a deadly assault was attributed to Avinash who is absconding. He further submitted that police has also filed charge-sheet against Avinash considering him as main accused. He further referred statement of PW-1 injured and submitted that assault on head was assigned to Avinash and not upon these appellants. He further referred the evidence and submitted that these appellants were convicted with aid of Section 34 IPC. He further submitted that there was a financial transaction and previous dispute between the parties and same was ignored by learned trial court. At last, he submitted that appellants were on bail during trial and there is no criminal antecedents and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of Parchabayan Ex.P-1 Mohan Murari about assault of 17.03.2022, FIR No.48/2022 was registered at P.S. Ayna, Kota Rural on 17.03.2022 under Sections 341, 323, 307, 504 and 34 IPC. The maximum sentence awarded to appellant is four years. There is no criminal antecedents against the appellant and were released on bail in pursuant to order dated 29.03.2022 in bail application nos. 701/2022 and 669/2022 passed by learned Additional Sessions Judge No.1, Kota under Section 439 Cr.P.C. [2025:RJ-JP:21749] (3 of 4) [SOSA-910/2025] 6. We have considered statement of PW-1 Mohan Murari who is injured and PW-7 Dr. Jagdish Meena who examined injured and prepared report Ex.P-22. The grounds raised by learned counsel for appellant can be considered at the time of final adjudication. At this stage, it is not possible for us to express any opinion on merits of the case but looking to facts and circumstances of the case, it is appropriate to release appellants on bail. 7. 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 application under Section 430(1) B.N.S.S. is allowed and sentence of appellants accused-Shivraj S/o Raghuveer, Rohit @ Potya S/o Bhagatsingh and Pramod @ Parmanand S/o Ramniwas 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 04.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, they will not indulge in any criminal activity and if it is found that they are 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 [2025:RJ-JP:21749] (4 of 4) [SOSA-910/2025] 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. 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 PREETI VALECHA /19