[2025:RJ-JP:35016] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Misc Suspension Of Sentence Application (Appeal) No. 1380/2025 In S.B. Criminal Appeal No.595/2025 Pawan Choudhary Son Of Shri Gyanendra Choudhary, Aged About 33 Years, Resident Of House Number 204, Madan Badi Naya Kheda Police Station Vidhyadhar Nagar, Jaipur (At Present Accused Appellant Is Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Ashok Chaudhary for Mr. Deepak Chauhan For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Dheeraj Singhal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/08/2025 1. The instant application for suspension of sentence is preferred by appellant - Pawan Choudhary Son Of Shri Gyanendra Choudhary in pending appeal filed aggrieved from order of conviction and sentence dated 18.02.2025 in Sessions Case No.94/2018 passed by learned Additional Sessions Judge No.3, Jaipur whereby appellant was convicted for offence under Sections 325, 323 read with Section 34 and 341 IPC and sentenced accordingly. [2025:RJ-JP:35016] (2 of 4) [SOSA-1380/2025] 2. The first SOS of Pawan was dismissed by this Court on 25.04.2025 but this Court has granted SOS to Rajeshwari, Puneet and Robby Choudhary. 3. Learned counsel for appellant submitted that this Hon’ble Court has dismissed the SOS application only on ground that there were criminal antecedents against appellant and learned Public Prosecutor has submitted a list of 6 cases against him. He further referred the material submitted by him and submitted that out of 6 cases, 4 have already resulted into acquittal and they were disposed of whereas in 5th case, appellant is released on probation and 6th case is current one. He submitted that at the time of disposal of SOS application on 25.04.2025, the record was not with him, so he could not file the same on record of SOS application. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. While considering SOS application in criminal appeal No.595/2025 filed by Rajeshwari, Pawan, Puneet and Robby Choudhary, this Court has allowed SOS of Rajeshwari, Puneet and Robby but dismissed SOS application of appellant Pawan Choudhary. As per list submitted by learned Public Prosecutor, 6 criminal cases were registered against Pawan and out of these 6 cases, four cases were disposed of on the basis of compromise whereas in one case, appellant was acquitted. 6th case is present one. [2025:RJ-JP:35016] (3 of 4) [SOSA-1380/2025] 7. Having considered the material on record and reasons as assigned in order dated 25.04.2025, I am of considered view that this is a fit case to enlarge appellant on bail. 8. Therefore, without expressing any opinion on merits, 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-Pawan Choudhary Son Of Shri Gyanendra Choudhary 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 12.12.2025 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. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. [2025:RJ-JP:35016] (4 of 4) [SOSA-1380/2025] 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 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 PREETI VALECHA /11