[2025:RJ-JP:37005] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1243/2025 1. Ramveer Son Of Gangaram, Aged About 36 Years, Resident Jamalpur, Police Station, Kolari, District Dholpur. 2. Mukesh Son Of Gangaram, Resident Jamalpur, Police Station, Kolari, District Dholpur. 3. Shriniwas Son Of Ramveer, Resident Jamalpur, Police Station, Kolari, District Dholpur. (Presently Confined In District Jail, Dholpur). ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Arpit Srivastava For Respondent(s) For Complainant : : Mr. Naresh Kumar Gupta, PP Mr. Prem Chand Dewanda HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 11/09/2025 1. The appellants have been convicted by the learned Additional Session Judge, Dholpur vide judgment dated 16.06.2025 in Session Case No.36/2020 for the offences under Sections 323/34, 324/34, 325/34, 307/34 and 341 of IPC and sentenced for one year, three years, four years, ten years and one month simple imprisonment respectively with default stipulation. 2. Heard learned counsel for the appellants and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. [2025:RJ-JP:37005] (2 of 3) [SOSA-1243/2025] 3. Learned counsel appearing for the appellants has submitted that the learned trial Court has convicted the accused-appellants under charged offenceS against the facts available on record and well established principal of law. The learned trial Court has committed serious illegality as there is no incriminating evidence against the accused-appellants. He further submitted that the learned trial Court has erroneously considered the testimony of medical expert PW7-Dr. Ram Naresh. He further argued that as per the injury report Ex.P5 and X-ray report Ex.P20, two injuries were alleged to be caused to injured Bhagwan Singh and as per X- ray report Ex. P20, both injuries have been reported to be simple in nature then too without considering this fact, the learned trial Court has convicted the appellants under Section 307 of IPC which is not legally sustainable. He submitted that there is no criminal antecedents against the appellants and the appellants are behind the bars for around two months and the hearing of the appeal will take considerable time, therefore, no fruitful purpose would be served by keeping the appellants in further custody, hence the suspension of sentence application of the appellants may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the application for suspension of sentence. 5. From a bare perusal of the record, it reflects that the charge- sheet has been filed on the assumption that injury caused to injured Bhagwan Singh is dangerous to life while in the X-ray report Ex.P20, it has been written that the injuries caused to injured Bhagwan Singh are simple in nature. [2025:RJ-JP:37005] (3 of 3) [SOSA-1243/2025] 6. Taking into consideration all the facts and circumstances of the case and the material available on record and considering the injury report Ex.P4 and Ex.P5, X-ray report Ex.P16 and Ex.P20 and the fact that disposal of this appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I find it a fit case to suspend the sentence of the appellants- Ramveer Son Of Gangaram, Mukesh Son Of Gangaram and Shriniwas Son Of Ramveer. 7. 7. It is, therefore, ordered that the sentence of the appellants shall remain suspended till disposal of the appeal and they shall be released on bail, provided they furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each of them, to the satisfaction of the trial Court to the effect that they shall appear before this Court on 13.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg/79