[2025:RJ-JP:33898] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1647/2025 Manoj S/o Rajendra Singh, R/o Undara, P.s. Chiksana, District Bharatpur. (Presently Lodged At Central Jail-Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Anubhav Gupta with Mr. Rishabh, Mr. Uday and Ms. Shreya for Mr. Jai Prakash Gupta For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 26/08/2025 1. The appellant has been convicted by the learned Additional Sessions Judge (Women Atrocity Cases), Bharatpur vide judgment dated 13.11.2024 in Sessions Case No.28/2019 (CIS No. 67/2019) for offences punishable under Section 498A and 304B IPC and sentenced accordingly. 2. Being aggrieved the appellant has preferred this appeal. Pending disposal of the appeal, by way of present application under Section 430 of BNSS, 2023 the appellant seeks suspension of sentence and release him on bail. 3. Learned counsel appearing for the appellant has submitted that the conviction and sentence recorded by the learned trial court is not sustainable and is apparently against the factual and legal aspect. From perusal of entire evidence of the prosecution, [2025:RJ-JP:33898] (2 of 3) [SOSA-1647/2025] there is no substantial allegations against the appellant and the appellant has been implicated only because of the fact that he is husband. He further submitted that the appellant was on bail during trial and he did not misuse the liberty of bail granted to him. The co-ordinate Bench of this Court has allowed the suspension of sentence application of co-accused viz. father and mother of the present petitioner on 03.04.2025 and case of the present petitioner is akin to them. The petitioner is languishing in jail since last one and half year and the hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed and he may be released on bail. 4. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. I have heard the contentions of the learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Taking into consideration all the facts and circumstances of the case and looking to the arguments advanced by learned counsel for the appellant especially the fact that case of the present appellant is akin to the co-accused whose suspension of sentence application has been allowed by co-ordinate Bench of this Court vide order dated 03.04.2025 and considering the custody period of the appellant but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant Manoj S/o Rajendra Singh. [2025:RJ-JP:33898] (3 of 3) [SOSA-1647/2025] 7. 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 each of them shall appear before this Court on 25.09.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J BRIJ MOHAN GANDHI /11