[2025:RJ-JP:38123] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 992/2025 in S.B. Criminal Appeal No. 397/2025 Roshan Lal Son Of Shri Madan Lal, Aged About 27 Years, Resident Of Goriya Police Station Khandela District Sikar (Presently He Is Confined In Central Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1117/2025 in S.B. Criminal Appeal No. 565/2025 Dharamveer Singh @ Pintu Son Of Shri Babulal, Aged About 22 Years, Resident Of Goriya Police Station Khandela District Sikar (Raj) (At Present In District Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Dinesh Pareek Mr. Nav Ratan Singh For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/09/2025 1. These 2nd suspension of sentence applications were preferred on behalf of accused appellants-applicants Roshan Lal son of Shri Madan Lal and Dharamveer Singh @ Pintu son of Shri Babulal (hereinafter referred to as ‘the appellants’) in pending appeals filed aggrieved from judgment of conviction and sentence dated 24.01.2025 in Sessions Case No.27/2019 (46/2016) arising out of FIR No.50/2016 [2025:RJ-JP:38123] (2 of 5) [SOSA-992/2025] registered at Police Station Danta Ramgarh, District Sikar, passed by learned Additional Sessions Judge, Danta Ramgarh, District Sikar whereby present appellants were convicted and sentenced under Sections 395, 412 and 120-B of IPC. 2. Learned counsel for applicants-accused Roshan Lal S/o Shri Madan Lal and Dharamveer Singh @ Pintu S/o of Shri Babulal submits that while considering applications for suspension of sentence of 8 accused, this Hon’ble Court has allowed application for suspension of sentence of 6 applicants on 09.04.2025 but dismissed the applications of applicants accused Dharamveer Singh @ Pintu and Roshan Lal on the ground that they were having criminal antecedents. 3. Learned counsel appearing on behalf of accused Roshan Lal submits that out of 6 cases 3 were already disposed of and resulted into acquittal whereas 4th case is present one and two cases are pending before the Trial Court wherein next date is fixed and applicant-accused is on bail. 4. Learned counsel appearing on behalf of accused Dharamveer Singh submits that out of 9 cases registered against applicant-accused, 8 were already disposed of and same were resulted in acquittal. He further submits that he already filed details of those cases and one case is present case. He further submits that these two applicants are seeking parity with those other applicants-accused who were granted SOS by this Hon’ble Court. They also submits that the applicants-accused undertakes not to indulge in criminal activity after being released on bail. [2025:RJ-JP:38123] (3 of 5) [SOSA-992/2025] 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record. 7. While considering application for suspension of sentence on behalf of 8 accused on 09.04.2025, this Court has passed following order:- 5. On basis of a written report dated 06.02.2016 by complainant Shakti Singh (PW-17) about robbery of ATM and thereby causing a loss of ₹12,23,500/-, wherein robbers also abducted Security Guard Ameer Solanki and dumped him after 1.5-2 kms, FIR No.50/2016 was registered at Police Station Danta Ramgarh, District Sikar. After investigation, Police has filed charge-sheet and 12 persons have faced trial before learned trial court. During trial, one accused Kamlesh Kumar expired, so proceedings were dropped against him. During trial, 33 witnesses were examined and 74 documents were exhibited by prosecution. The accused were examined under Section 313 CrPC and they have not submitted any defence evidence. Learned trial court has acquitted Banwari Lal from charge under Section 412 IPC and Smt. Santosh Devi from charges under Sections 395, 412 and 120B of IPC but convicted Sunil Kumar, Dharamveer Singh @ Pintu, Ravindra Kumar @ Dabbu, Dholuram @ Dholia, Manoj Nayak, Pawan Kumar, Naveen Kumar, Roshan Lal and Hansraj under Sections 395, 412 and 120B of IPC. Maximum punishment awarded to each of the accused is eight years. 6. A perusal of record indicate that total 9 criminal cases were registered against Dharamveer @ Pintu and it includes present case as well whereas 6 criminal cases were registered against Roshan Lal. One of the accused Pawan Kumar, who has not filed suspension of sentence application, is also facing charge-sheet in 19 criminal cases. The record further indicate that 2 criminal cases were registered against Sunil Kumar, Dholu Ram @ Dholia, Ravindra Kumar @ Dabbu and Manoj Nayak. As per record, there were 4 criminal cases against Naveen Kumar but no criminal record is found against Hansraj. 7. While considering the criminal record of Ravindra Kumar, Sunil Kumar, Dholu Ram and Manoj Nayak, it is also clear that present case is also included in criminal antecedents. Similarly, the present case is also included in the list against Naveen Kumar Meena and Roshan Lal. Considering the criminal background, it is apparent that two cases were registered against Roshan Lal in year [2025:RJ-JP:38123] (4 of 5) [SOSA-992/2025] 2019 and one of them was under Section 307 IPC whereas last case was registered against Naveen Kumar in year 2018 under Sections 323 and 341 IPC. All these accused were on bail during trial. 8. The accused appellants Dharamveer Singh and Roshan Lal are having criminal background and they are having more than 5 cases other than present one, therefore, looking to criminal background of these accused, they are not entitled for suspension of sentence, in the instant case. 10. Having gone through the evidence on record, particularly, cross-examination of witnesses and also considering the discrepancies and contradictions as referred by learned counsel for the parties, at this stage, it is not possible to express any opinion on merits of the case but looking to the overall facts and circumstances of the case, I am of the considered view that except accused appellants Roshan Lal son of Shri Madan Lal and Dharamveer Singh @ Pintu son of Shri Babulal, all other accused appellants Ravindra Kumar @ Dabbu son of Shri Hardevaram, Naveen Kumar son of Shri Banwari Lal, Dholuram @ Dholiya son of Ghasiram, Sunil Kumar son of Sh. Khyaliram, Manoj Nayak S/o Shri Surendra & Hansraj S/o Shri Shankarlal are entitled for suspension of sentence (bail). 8. Having considered the material about disposal of cases placed on record, it is appropriate to allow application for suspension of sentence of these two applicants. 9. In view of discussion made hereinabove, the suspension of sentence applications are hereby allowed and it is ordered that sentence of appellants Roshan Lal son of Shri Madan Lal and Dharamveer Singh @ Pintu son of Shri Babulal is suspended till disposal of appeal with the condition that they 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 their appearances in this Court on 08.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:38123] (5 of 5) [SOSA-992/2025] 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 the appellant(s)-accused shall mark their attendance on first Monday of every month at P.S. Danta Ramgarh, District Sikar, till disposal of appeal and same shall be forwarded to learned Trial Court. 4. That if the appellants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 5. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 10. In case, the appellants have violated any condition then the order of suspension of sentence shall be recalled and cancelled. 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E-mail. (ASHOK KUMAR JAIN),J MONU /36-37 (SOSA)