[2025:RJ-JP:27540] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1405/2025 in S.B. Criminal Appeal No.766/2025 Laxman S/o Shri Mangilal Gurjar, R/o Mangrain Ps Gandhi Bajna District Bharatpur (At Present Confined In Sub Jail Bayana District Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Navankar Dubey For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/07/2025 1. Instant application for suspension of sentence is preferred by appellant-accused Laxman S/o Shri Mangilal Gurjar in pending appeal, filed aggrieved from judgment of conviction and sentence dated 20.02.2025 in sessions case No. 46/2016 passed by learned Additional Sessions Judge No.2, Bayana Camp Rupwas, District Bharatpur, whereby this appellant-accused was convicted under Sections 341, 323, 324, 308 of IPC. The maximum sentence awarded to present appellant is 5 years. 2. Learned counsel for appellant submits that appellant is an innocent person and he was falsely implicated due to previous animosity. He further submitted that the injured was medically examined by PW-5 (Dr. Ved Prakash) and he prepared injury [2025:RJ-JP:27540] (2 of 4) [SOSA-1405/2025] report Ex. P-3 but after X-ray report all these injuries were found simple in nature. He further submitted that as per PW-5 no injury was sufficient to cause death in ordinary course of nature. He further referred cross-examination of victim injured and submitted that the Trial Court has ignored the material contradictions in the statement. He further submitted that lone eye-witness and independent witness PW-4 (Hariom) has turned hostile and not supported the case of prosecution. He also submitted that this 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 and he submitted custody certificate along with report received from concerned SHO Police Station, Gadibajna and Rudrawal, District Bharatpur along with intimation slip to complainant. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On basis of Parchabyan Ex. P-4 of PW-1 Rampati about assault by appellant-accused by sharp edged weapon, FIR No. 124/16 was registered at Police Station, Rudawal, Distt. Bharatpur under Sections 323, 341 and 452 IPC. After investigation, police has filed charge-sheet against appellant-accused. After framing the charge, the prosecution has examined 9 witnesses and exhibited 12 documents. The accused was examined under Section 313 Cr.P.C. but he did not submit defence evidence but exhibited 2 documents. The appellant-accused was convicted and sentenced under Sections 341, 323, 324 and 308 IPC. The maximum sentence awarded to present appellant is 5 years. [2025:RJ-JP:27540] (3 of 4) [SOSA-1405/2025] 6. This appellant-accused was released on bail in pursuant to order dated 31.08.2019 in bail application No. 9675/2016 by a Co- ordinate Bench of this Court. Except present case there is one more case is registered against the appellant at Gadibajna Distt. Bharatpur wherein, a charge-sheet has been filed. 7. We have considered the statement of injured PW-1 and PW-5 (Dr. Ved Prakash). The injuries were found to be simple in nature after X-ray. At this stage, it is not possible for us to express any opinion on the merits of the case but having considered the totality of facts and circumstances of the case, it is appropriate to allow suspension of sentence application of present appellant. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of applicant-accused Laxman S/o Shri Mangilal Gurjar is suspended till disposal of appeal with the condition that he 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 13.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant-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 appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. [2025:RJ-JP:27540] (4 of 4) [SOSA-1405/2025] 3. That if the appellant 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. 9. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 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 /100-S