[2025:RJ-JP:16206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 38/2025 In S.B. Criminal Appeal No.40/2025 1. Alisher S/o Shri Jafar, R/o Ward No. 2, Mandrela Police Station Mandrela District Jhunjhunu (Rajasthan) (Presently Confined In District Jail Jhunjhunu) 2. Yusuf S/o Shri Jafar, R/o Ward No. 2, Mandrela Police Station Mandrela District Jhunjhunu (Rajasthan) (Presently Confined In District Jail Jhunjhunu) 3. Jafar S/o Shri Gani Kazi, R/o Ward No. 2, Mandrela Police Station Mandrela District Jhunjhunu (Rajasthan) (Presently Confined In District Jail Jhunjhunu) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/04/2025 1. Instant SOS application is preferred by applicants-accused Alisher S/o Shri Jafar, Yusuf S/o Shri Jafar and Jafar S/o Shri Gani Kazi in pending appeal filed aggrieved from judgment of conviction and sentence dated 03.12.2024 in Sessions Case No.22/2016 (50/2016) (14/2016) passed by learned Additional Sessions Judge, Chirawa, District Jhunjhunu, whereby applicants-accused [2025:RJ-JP:16206] (2 of 4) [SOSA-38/2025] were convicted under Sections 455, 323, 324, 326, 307/34 IPC and 4/25 of Arms Act and sentenced accordingly. 2. During course of arguments, learned counsel for applicants offers to withdraw SOS application for Yusuf S/o Shri Jafar. 3. In view of aforesaid, the instant suspension of sentence application is dismissed as withdrawn qua Yusuf S/o Shri Jafar. 4. Having considered the submission, we are considering the instant application only up to the extent of Alisher S/o Shri Jafar and Jafar S/o Shri Gani Kazi. 5. Learned counsel for applicants submits that as per statement of injured PW-1, the attribution of injury was made upon Yusuf and not upon these two applicants. He submits that medical jurist was examined as PW-2, wherein he opined except injury No.1, other injuries were simple in nature. He further submits that both the applicants were on bail during trial and they have not misused liberty granted to them. At last, he submitted that the appeal will take its own time. 6. Aforesaid contentions were opposed by learned Public Prosecutor. Learned Public Prosecutor has submitted report received from Police Station Mandrela along with custody certificate of applicants-accused. 7. On basis of statement of injured PW-1 (Shaukat Ali), recorded on 12.01.2016 FIR No.9/2016 was registered at Police Station Mandrela, District Jhunjhunu under Sections 451, 323 and 143 IPC. After investigation, police has filed charge-sheet against the three applicants under Sections 455, 323, 324, 326, 307/34 IPC and 4/25 of Arms Act. [2025:RJ-JP:16206] (3 of 4) [SOSA-38/2025] 8. During course of trial prosecution has examined 12 witnesses, wherein PW-1 (Shaukat Ali) was injured and PW-2 Dr. Kamal Chand Saini was medical jurist. 9. Having considered the statement of PW-1 and PW-2, it is not possible for us to express any opinion on merits of the case, as both the applicants were on bail during trial, therefore, without expressing any opinion on the merits of the case, it is appropriate to allow SOS application. 10. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicants accused Alisher S/o Shri Jafar and Jafar S/o Shri Gani Kazi is suspended till disposal of appeal with the condition that each of them 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 appearance in this Court on 28.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 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 if the appellants changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court. [2025:RJ-JP:16206] (4 of 4) [SOSA-38/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 11. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and cancelled. 12. Misc. Application stands disposed of. 13. A copy of this order be sent to learned trial court through E- mail. 14. SOS application qua Yusuf S/o Shri Jafar is dismissed as withdrawn. (ASHOK KUMAR JAIN),J GAURAV /52