[2025:RJ-JP:27948] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1438/2025 in S.B. Criminal Appeal No. 1363/2025 Idrish Son Of Amina, Aged About 52 Years, Resident Of Ghosingha Police Station Jurhara District Bharatpur (Raj) (At Present In Central Jail, Bharatpur) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Mr. Ankit Khandelwal Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/07/2025 1. Instant application for suspension of sentence preferred by appellant- Idrish Son Of Amina, in pending appeal filed aggrieved from order of conviction and sentence date 09.05.2025 in Sessions Case No. 36/2012 passed by learned Additional Sessions Judge, Kama, District Bharatpur whereby appellant was convicted for offence under Sections 147, 148, 341, 323 and 307 read with Section 149 IPC and 3/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is innocent persons and he has been falsely implicated by complainant party. Learned counsel [2025:RJ-JP:27948] (2 of 4) [SOSA-1438/2025] further submitted that this appellant was convicted with aid and assistance of Section 149 IPC and main accused were already released on bail by this Hon’ble Court on 18.07.2025. He further submitted that the role and involvement of present appellant is not proved before the trial court. At last, learned counsel submitted that the appellant was 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. 4. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex. P/1 by PW-1 Jahid about assault by eight named and 50-60 unnamed persons FIR no. 217/2008 was registered at P.S. Jurhera District Bharatpur. After investigation, police has filed charge-sheet against 8 accused persons. During trial accused Suhel, Sardar @ Sirdar and Mohammad Ilias have died and proceedings were dropped against them. After framing charge, prosecution has examined 19 witnesses and exhibited 20 documents. The accused was examined under Section 313 Cr.P.C. and in defence they have examined DW-1 Idrish and exhibited 12 documents. The present appellant is convicted for charge under Sections 147, 148, 341, 323 and 307 read with Section 149 IPC and 3/25 of Arms Act. 6. After considering SOS application of Farookh, Sahun, Aslam Janu @ Jaan Mohammad on 18.07.2025 this Court has allowed the SOS application. This appellant was on bail during trial and the incident is of 2008 and disposal of appeal will take its own time. [2025:RJ-JP:27948] (3 of 4) [SOSA-1438/2025] 7. At this stage, it is not possible for us to express any opinion on merits of the case, looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 8. 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 appellants accused- Idrish Son Of Amina 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 12.11.2025 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. [2025:RJ-JP:27948] (4 of 4) [SOSA-1438/2025] 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 CHETNA BEHRANI /14(sosa)