[2025:RJ-JP:35868] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1609/2025 Suresh Singh Son Of Sukhram, Resident Of Bada Ajan Police Station Udyog Nagar, District Bharatpur Rajasthan (Presently Confined In Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Deepak Sharma For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 08/09/2025 1. The appellant has been convicted by the learned Additional Sessions Judge No.3, Bharatpur vide judgment dated 11.06.2025 in Session Case No.08/2019 for the offences under Sections 504 one month Simple Imprisonment, u/s 323 IPC for one month Simple Imprisonment, u/s 325 IPC for two years Rigorous Imprisonment and u/s 307 IPC for five years Rigorous Imprisonment with default stipulation. 2. Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 3. Learned counsel appearing for the appellant has submitted that the learned trial court has committed serious error of law and fact both in convicting and sentencing the appellant. There is no sufficient evidence to convict the appellant on the charged offence beyond reasonable doubt, hence the conviction of the appellant is [2025:RJ-JP:35868] (2 of 2) [SOSA-1609/2025] bad in law. He further aruged that the appellant and injured both belong to the same family and cross-case of the incident was also registered and charge-sheet has been filed against the complainant also. The appellant is in incarcenation for last six months and disposal of appeal will take time. Hence, the suspension of sentence application of the appellant may be allowed and he may be released on bail. 4. Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. Taking into consideration all the facts and circumstances of the case and in the backdrop of arguments advanced by learned counsel for the appellant especially period of sentence awarded and undergone as well as the fact that both the parties belong to the same family and the disposal of the 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 appellant- Suresh Singh Son Of Sukhram. 6. It is, therefore, ordered that the sentence of the appellant 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 07.10.2025 and as and when called upon to do so. 7. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg/40