[2025:RJ-JP:34018] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1347/2025 In S.B. Criminal Appeal No.1853/2025 Mastram Son Of Dharampal, Resident Of Janakpur Ki Dhani Tan Khilchipur, Police Station Kotwali, District Sawai Madhopur (Raj.) (Presently Confined In District Jail Sawai Madhopur) ----Applicant Versus The State Of Rajasthan, Through P.p. ----Respondent For Applicant(s) : Mr. Rajveer Singh For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 27/08/2025 1. The applicant has been convicted by the learned Special Judge, SC/ST (POA) Cases, Sawai Madhopur vide judgment dated 19.06.2025 in Sessions Case No.80/2019 for offences punishable under Sections 323 and 326 of IPC and sentenced accordingly. 2. Heard learned counsel for the applicant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 3. Learned counsel appearing for the applicant has submitted that the applicant has falsely been implicated in the present case. There are material discrepancies and contradictions in the prosecution's case, which have not been properly appreciated by the learned trial Court. It is further submitted that the trial Court has erred in convicting the applicant for the alleged offence, without duly considering the evidence available on record. Counsel also points out that the complainant and the applicant are real [2025:RJ-JP:34018] (2 of 2) [SOSA-1347/2025] brothers, and the present case arises out of a property dispute between them. During trial the applicant was on bail and the hearing of the appeal will take considerable time, therefore, no fruitful purpose would be served by keeping the applicant in further custody, hence the suspension of sentence application of the applicant may be allowed. 4. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence and produced the custody certificate. 5. Taking into consideration all the facts and circumstances of the case and the material available on record and considering the fact that the applicant and complainant are real brother, applicant was on bail during trial, custody period and the disposal of this appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the applicant-Mastram Son Of Dharampal. 6. It is, therefore, ordered that the sentence of the applicant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 03.10.2025 and as and when called upon to do so. 7. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/26