[2025:RJ-JP:26389] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1264/2025 In S.B. Criminal Appeal No. 1712/2025 1. Kishori Lal S/o Chhitarmal, Aged About 60 Years, R/o Shyam Nagar, Kotputali, District Kotputali, Behrod. (Presently Confined In The Central Jail At Jaipur). 2. Shimbhu Dayal S/o Sohan Lal, Aged About 42 Years, R/o Shyam Nagar, Kotputali, District Kotputali, Behrod. (Presently Confined In The Central Jail At Jaipur). 3. Rohitash S/o Rameshwar, Aged About 40 Years, R/o Shyam Nagar, Kotputali, District Kotputali, Behrod. (Presently Confined In The Central Jail At Jaipur). ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Ms. Gayatri Rathore, senior advocate with Ms. Sushila Choudhary For Respondent(s) : Mr. Hukum Chand Saini Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/07/2025 1. The instant application for suspension of sentence is preferred by appellants - Kishori Lal S/o Chhitarmal, Shimbhu Dayal S/o Sohan Lal and Rohitash S/o Rameshwar in pending appeal filed aggrieved from order of conviction and sentence dated 18.06.2025 in Sessions Case No.12/2014 passed by learned Additional Sessions Judge No.4, Kotputli Dist. Kotputli- [2025:RJ-JP:26389] (2 of 4) [SOSA-1264/2025] Behror whereby appellants were convicted for offence under Sections 323, 341, 427 and 308 IPC and sentenced accordingly. 2. Learned senior advocate for the appellants while relying upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated for the incident of 17.07.2013 and since then they are facing criminal proceedings. She further submitted that this is a case of self defence and trial court without considering that complainant party was aggressor has convicted appellants under section 308 IPC. She further submitted that there was a cross-case of present incident and same was admitted by PW-13 (IO). She also submitted that no independent witness was produced to corroborate the allegations of prosecution. She further submitted that injured PW-7 Ram Singh has admitted that the land in question belongs to accused and a cross-case is also registered against him. She further submitted that the injured has tried to encroach land of appellants and appellants have resisted attempt of possession. At last, she submitted that all appellants were released on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. He submitted custody certificates and same are taken on record. Learned counsel for complainant has submitted that injured has sustained grievous and deadly injuries who was initially admitted in SMS Hospital and later to a private hospital. He also submitted that one more case relating to set a blaze of hut is also registered against the appellants and same is pending. [2025:RJ-JP:26389] (3 of 4) [SOSA-1264/2025] 4. Heard learned Senior Advocate for appellants, learned counsel for complainant and learned Public Prosecutor. Perused the record. 5. On the basis of report, Ex.P-1 filed by complainant PW-1 Ram Kumar about assault by appellants and others upon injured Ram Singh, FIR No. 641/2013 was registered at P.S. Kotputli, Dist. Jaipur. After investigation, police has filed charge-sheet against appellants and others. After framing charge, prosecution has examined 13 witnesses and exhibited 19 documents. The accused were examined under Section 313 Cr.P.C. though exhibited 9 documents in defence. Learned trial court has convicted appellants under Sections 308 IPC. The maximum sentence awarded to appellant is 4 years. 6. The appellants were released on bail during trial in pursuant to order dated 13.08.2013 in bail application No.7654/2013 and disposal of appeal will take its own time. We have considered the statement of PW-1 Ram Kumar, PW-7 injured Ram Singh and PW- 13 (IO) Mukesh. Also considered the medical evidence of PW-5 Dr. Susbhash Agarwal and PW-10 Dr. Roop Singh. A Cross-case is also filed as FIR No.642/2013 at P.S. Kotputli wherein charge-sheet has been filed. There is a dispute between both the parties and revenue suit is also pending. 7. 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, it is a fit case to enlarge appellants on bail. 8. Therefore, the application under Section 430(1) B.N.S.S. is allowed and sentence of appellants accused-Kishori Lal S/o Chhitarmal, Shimbhu Dayal S/o Sohan Lal and Rohitash S/o [2025:RJ-JP:26389] (4 of 4) [SOSA-1264/2025] Rameshwar is suspended till disposal of appeal with the condition that each of them 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 their appearance in this court on 06.11.2025 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. 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 /39