[2025:RJ-JP:29632] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1403/2025 In S.B. Criminal Appeal No. 1707/2025 1. Yusuf Khan S/o Abdul Majeed, Aged About 25 Years, R/o New Basti Lohakhan, Tempo Stand, Ajmer. (At Present The Accused Appellant Are Confined In The District Jail, Ajmer) 2. Ali Mohammad S/o Abdul Sattar, Aged About 21 Years, R/o New Basti Lohakhan, Tempo Stand, Ajmer. (At Present The Accused Appellant Are Confined In The District Jail, Ajmer) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Devi Singh, PP Mr. Ajay Kumar Natawaria HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/08/2025 1. The instant application for suspension of sentence is preferred by appellants - Yusuf Khan S/o Abdul Majeed and Ali Mohammad S/o Abdul Sattar in pending appeal filed aggrieved from order of conviction and sentence dated 23.06.2025 in Sessions Case No.10/2013 passed by learned Additional Sessions Judge No.2, Ajmer whereby appellant Yusuf was convicted for offence under Sections 307, 341/34, 323/34, [2025:RJ-JP:29632] (2 of 5) [SOSA-1403/2025] 452/34 IPC and Ali Mohammad under Sections 307/34, 341/34, 323/34 and 452/34 IPC and sentenced accordingly. 2. During course of argument, learned counsel for appellant offers to withdraw SOS application of appellant Yusuf Khan, therefore the SOS application of appellant Yusuf is liable to be dismised. 3. We are considering the SOS Application of appellant Ali Mohammad. 4. Learned counsel for the appellant while relying upon grounds of appeal submitted that this Hon’ble Court has granted SOS to two accused Majeed and Sattar on 03.07.2025 and case of appellant Ali Mohammad is not different than Majeed and Sattar. He further submitted that herein there is no direct evidence to implicate the appellant. He further referred the statement of PW- 19 Dr. Matadeen Meena and submitted that injuries sustained by Intyaj is simple in nature. He also referred cross-examination of PW-20 Dr. U.S. Parihar, who is a surgeon and submitted that the injury was not on vital part of the body of Intyaj. He also submitted that the trial court has ignored the material discrepancies in the statement of witnesses. He further referred the statement of PW-1 Sadik, PW-2 Intyaj, PW-9 Dr. Matadeen and PW-20 Dr. U.S. Parihar and submitted that story narrated by injured is not trustworthy. He submitted that injury is grievous in nature but not found as dangerous to life. At last, he submitted that appellant was on bail during trial and disposal of appeal will take time. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. He submitted [2025:RJ-JP:29632] (3 of 5) [SOSA-1403/2025] custody certificates and same are taken on record. Learned counsel for complainant has relied upon evidence of PW-2 and PW- 20 and submitted that injury on body of injured is sufficient to point out intention behind the assault. 6. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. 7. On the basis of report dated 28.08.2013 lodged by complainant PW3 Noor Mohammad, F.I.R. No. 367/2013 was registered at PS Civil Lines, Ajmer. After investigation, police has filed a charge sheet against Yusuf and Ali under Sections 341, 323, 452, and 307 IPC. After framing the charge, the prosecution has examined 20 witnesses and exhibited 25 documents. The accused were examined under section 313 CrPC and the accused have not submitted any defence evidence but exhibited 9 documents. 8. This Court has allowed SOS application of Majeed and Sattar on 03.07.2025 as they were added as an accused under Section 319 Cr.P.C. and not forwarded by police to face trial. The appellant Ali Mohammad was released on bail vide order dated 22.10.2013 in bail application No.10023/2013. We have gone through the statement of injured PW-2 and also of surgeon PW-20 Dr. U.S. Parihar. The attribution of causing injuries is upon Yusuf and not upon present appellant. 9. 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 appellant on bail. 10. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant-Ali [2025:RJ-JP:29632] (4 of 5) [SOSA-1403/2025] Mohammad can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Ali Mohammad is suspended till disposal of appeal with the condition that he 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 his appearance in this court on 25.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he 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, he will give in writing his 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. 11. The SOS application on behalf of appellant Yusuf Khan is hereby dismissed as withdrawn. 12. Misc. Application stands disposed of. [2025:RJ-JP:29632] (5 of 5) [SOSA-1403/2025] 13. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /11