[2025:RJ-JP:25107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1246/2025 in S.B. Criminal Appeal No. 1688/2025 1. Shakir Thekedar Son Of Abdul Latif Khan, Aged About 26 Years, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur). 2. Asrar Ahmed Son Of Abdul Latif Khan, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur). 3. Mushtak Son Of Abdul Latif Khan, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur). 4. Mukddis Son Of Raees, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur). 5. Mohd. Muntjir Son Of Mushtak, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur) 6. Smt. Kaneej Wife Of Raees, Resident Of Bahter, Police Station Malarna Dungar, District Sawai Madhopur (Raj) ( Presently The Accused - Appellants Are Confined In District Jail, Sawai Madhopur). ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Heramb Saraswat For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. K.K. Bhinda HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/07/2025 1. The instant application for suspension of sentence is preferred by appellants - Shakir Thekedar Son Of Abdul Latif [2025:RJ-JP:25107] (2 of 4) [SOSA-1246/2025] Khan, Asrar Ahmed Son Of Abdul Latif Khan, Mushtak Son Of Abdul Latif Khan, Mukddis Son Of Raees, Mohd. Muntjir Son Of Mushtak and Smt. Kaneej Wife Of Raees, in pending appeal filed aggrieved from order of conviction and sentence dated 21.06.2025 in Sessions Case No. 53/2021 passed by learned Additional Sessions Judge, Sawai Madhopur whereby appellants were convicted for offence under Sections 148, 341, 323/149, 325/149 IPC and sentenced to undergo rigorous imprisonment and simple imprisonment with fine accordingly. 2. Learned counsel for the appellants while relying upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated in the present case. He further referred the material on record and submitted that the learned trial court has ignored the material contradictions and discrepancies while recording conviction against these appellants. He further submitted that the appellants accused were convicted for charges under the bailable offence and due to ignorance of trial court lawyer the appellants accused were not able to file application for suspension under Section 430(3) of BNSS which resulted into unnecessary incarceration of these appellants. He further submitted that these appellants were on bail during trial and disposal of appeal will take its own time. He also referred cross case and submitted that the cross case was relating to offence under Section 302 IPC. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that there are criminal antecedents against the appellants. Learned Public Prosecutor has submitted [2025:RJ-JP:25107] (3 of 4) [SOSA-1246/2025] report received form Police Station Malarna Dungar, District Sawai Madhopur, and custody certificate and same are taken on record. 4. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. 5. On the basis of report, Ex.P-3 filed by PW-5 Hasif @ Abdul Aasif, FIR No. 386/2020 was registered at P.S. Malarna Dungar, District Sawai Madhopur wherein after investigation, police has filed charge-sheet against six persons. After framing charge, prosecution has examined 17 witnesses and exhibited 13 documents. The accused was examined under Section 313 Cr.P.C. but they have not submitted any defence evidence but exhibited 27 documents in defence. These appellants were convicted under Sections 148, 341, 323/149, 325/149 IPC. The maximum sentence awarded to appellant is 4 years. 6. These appellants were on bail during trial and there was a cross case of 302 IPC. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, and having considered the grounds as raised herein, it is a fit case to enlarge appellants on bail. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Shakir Thekedar Son Of Abdul Latif Khan, Asrar Ahmed Son Of Abdul Latif Khan, Mushtak Son Of Abdul Latif Khan, Mukddis Son Of Raees, Mohd. Muntjir Son Of Mushtak, and Smt. Kaneej Wife Of Raees, is suspended till disposal of appeal with the condition that each of them would execute a personal bond in the sum of [2025:RJ-JP:25107] (4 of 4) [SOSA-1246/2025] Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 30.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. 2. That /they 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, they will give in writing their 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. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /71(SOSA)