[2025:RJ-JP:27872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1414/2025 In S.B. Criminal Appeal No. 1181/2025 Vishvendra Singh S/o Pappu, Aged About 24 Years, R/o Chappar Mohalla, Kumher, District Bharatpur (Raj) (Presently Serving His Sentence At Central Jail Bharatpur) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anshuman Saxena with Mr. Vishram Prajapati For Respondent(s) : Mr. Anurodh Chaturvedi Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/07/2025 1. The instant application for suspension of sentence is preferred by appellant accused - Vishvendra Singh S/o Pappu in pending appeal filed aggrieved from order of conviction and sentence dated 23.04.2025 in Sessions Case No.05/2023 passed by learned Additional Sessions Judge, Kumher, District Bharatpur whereby appellant was convicted for offence under Sections 498A and 304B IPC and sentenced accordingly. 2. Learned counsel for appellant while relying upon grounds of appeal has submitted that appellant is an innocent person and he is falsely implicated by complainant party. He further submitted that this Hon’ble Court has considered and allowed SOS [2025:RJ-JP:27872] (2 of 4) [SOSA-1414/2025] application of co-accused Indra on 04.07.2025 and case of present appellant is identical in nature. He further submitted that at the time of incident, the appellant was posted at another place and he was not aware about any plan of deceased to commit suicide. He further submitted that PMR report Ex.P-17 and submitted that there were no injuries on body of deceased except ligature mark of hanging. He further referred the evidence of PW-1, PW-6, PW-8, PW-11, PW-20 and PW-25 and submitted that there were no incidents of demand of dowry soon before the death of deceased. He further referred the cross-examination of PW-25 (IO) and submitted that only because of visit by a neighbourer lady, the deceased developed a doubt and same has resulted into suicide by deceased. He further referred call details and transcription of said call detail and submitted that even in details as referred by PW-1, nowhere demand of dowry or cruelty is mentioned. He also referred the evidence of prosecution and submitted that the trial court has ignored material contradictions and discrepancies in the evidence which is sufficient to dent the case of prosecution. At last, he submitted that the appellant was on bail during trial and disposal of appeal will take time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. He submitted custody certificate and same is taken on record. Learned counsel for complainant has submitted that death of deceased occurred within two months of her marriage and same is sufficient to treat the case as exceptional case. 4. Heard learned counsel for parties. Perused the record. [2025:RJ-JP:27872] (3 of 4) [SOSA-1414/2025] 5. On the basis of report, Ex.P-1 filed by PW-1 Ram Singh on 29.04.2017 about suicide of his sister Narmada on 24.09.2017, who married to Vishvendra on 18.02.2017, FIR No.164/2017 under Sections 149 and 304B IPC, is registered at P.S. Kumher District Bharatpur. After investigation, police has filed charge- sheet against appellant and Indra. After framing charge, prosecution has examined 27 witnesses and exhibited 37 documents and three articles. The accused were examined under Section 313 Cr.P.C. and examined DW-1 Mukesh in defence and further exhibited 13 documents. Learned trial court has convicted appellant under Sections 498A and 304B IPC. The maximum sentence awarded to appellant is 10 years. 6. The appellant was released on bail in pursuant to order dated 27.10.2017 in bail application No.13781/2017 passed by a Co- ordinate Bench of this Court. While considering the SOS application of co-accused Indra on 04.07.2025, this court has granted SOS to co-accused Indra. The grounds raised by learned counsel requires consideration at the time of final disposal. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Vishvendra Singh S/o Pappu 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 28.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:27872] (4 of 4) [SOSA-1414/2025] 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. 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 PREETI VALECHA /104