[2025:RJ-JP:18500] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 154/2025 In S.B. Criminal Appeal No.192/2025 Ashwini Kumar S/o Harjasram, Resident Of D-262, Nawada Housing Complex Kakrol Mod, Uttam Nagar, New Delhi Police Station Uttam Nagar, New Delhi (The Accused Appellant Is In Central Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 46/2025 In S.B. Criminal Appeal No.48/2025 Sanjay @ Bitto Son Of Late Shri Satveer Singh, Resident Of Wzg-29, Kiran Garden Uttam Nagar, New Delhi Police Station Bindapur New Delhi (Presently The Accused Appellant Is Confine Dat Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Surya Pratap Singh Mr. Rajneesh Gupta with Mr. Ravindra Malviya, Mr. Lokendra Sharma, Ms. Chanchal and Mr. Utkarsh Goyal For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order [2025:RJ-JP:18500] (2 of 5) [SOSA-154/2025] 01/05/2025 1. The instant application for suspension of sentence is preferred by appellants-Ashwini Kumar S/o Harjasram and Sanjay @ Bitto Son Of Late Shri Satveer Singh in pending appeals filed aggrieved from order of conviction and sentence dated 19.12.2024 in Sessions Case No.68/2018 passed by learned Additional District and Sessions Judge, Nasirabad, Ajmer whereby appellants were convicted for offence under Sections 365, 395, 120B and 411 IPC and sentenced accordingly. 2. Learned counsel for the appellants submitted that appellants are innocent persons and they were falsely implicated by complainant party. He further referred statement of PW-1 to PW-3 and submitted that none of them have identified these appellants for involvement in the incident. He further submitted that complainant Alpesh, who was examined as PW-3, has not corroborated the incident and alleged that police got his signature on blank papers. He further referred the statement of IO, PW_21 Ravindra Singh and submitted that from the material collected during investigation, the involvement of present appellant is not established. He further submitted that the trial court has ignored the material contradictions and also discrepancies in the statement of witnesses of prosecution and submitted that appellants were on bail during trial and never misused the liberty granted to them. He further submitted that there is no criminal antecedents of any person so they are entitled to be released on bail. [2025:RJ-JP:18500] (3 of 5) [SOSA-154/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificates and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report, Ex.P5 submitted by PW-3, Alpesh on 10.09.2020 about incident of 08.09.2010, FIR No.126/2010 under Sections 365 and 382 IPC was registered at P.S. Mangliyawas, Ajmer. After investigation, police has filed charge-sheet against Shailesh Kumar but later, supplementary charge-sheet has been filed against Ashu, Ashwini Kumar and Sanjay. The trial court has framed charges under Sections 365, 395, 411 and 120B IPC. During trial, Ashu has expired and proceedings against him was abated on 25.09.2017. Another accused Shailesh Kumar was declared absconder. The prosecution has examined 24 witnesses and exhibited 92 documents. Accused were examined under Section 313 Cr.P.C. and 11 documents were exhibited by them. The trial court has convicted appellants Sanjay and Ashwini under Sections 365/120B, 395/120B IPC and maximum sentence awarded is 7 years to each appellant. 6. As per custody certificate, appellant Sanjay remained in custody from 22.06.2011 to 18.08.2012 and from 19.12.2024 to till date and he was released on bail during trial. Similarly accused Ashwini Kumar remained in custody from 29.06.2011 to 12.06.2012 and from 19.12.2024 to till date and he was also released on bail during trial. 7. We have considered the statement of PW-3 complainant and also referred cross-examination along with statement of PW-1, [2025:RJ-JP:18500] (4 of 5) [SOSA-154/2025] PW-2 and PW-21. Considering the overall circumstances of the case, it is appropriate to allow SOS applications. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The applications under Section 430(1) B.N.S.S. are allowed and sentence of appellant accused-Ashwini Kumar S/o Harjasram and Sanjay @ Bitto Son Of Late Shri Satveer Singh is suspended till disposal of appeal with the condition that each of them 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 their appearance in this court on 11.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. 2. That they 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, they will give in writing their 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:18500] (5 of 5) [SOSA-154/2025] 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 PREETI VALECHA /18-19