HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2027/2024 In D.B. Criminal Appeal No.392/2024 V Son Of Manohari @ Manoharlal, Resident Of Katwan Mohalla Nagar Police Station, Nagar Dist Bharatpur, Rajasthan. (At Present Confined In Central Jail-Bharatpur) ----Accused/Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Accused/ Applicant(s) : Mr. Harendra Singh For State For Complainant(s) : : Mr. Amit Poonia, Additional Govt. Advocate with Mr. Gaurav Gupta, Assistant Govt. Advocate Mr. Rajneesh Gupta HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 07/01/2025 1. Accused-appellant has preferred this application for suspension of sentence. 2. Heard on application for suspension of sentence. 3. It is contended by counsel for the applicant that applicant was a juvenile at the time of alleged offence and he was tried by the Children Court. It is also contended that allegation in the FIR was against 21 persons. Deceased received only one injury on head which is not assigned to the present applicant. There is general allegation against all 21 persons of causing injury, (2 of 3) [SOSA-2027/2024] however, police has filed charge-sheet against only 8 persons which includes 7 major persons and the present applicant. It is further contended that medical examination of all the injured persons was done after 12 days of the incident. 4. Learned Additional Govt. Advocate and counsel for the complainant have opposed the application for suspension of sentence. It is contended that as many as 10 persons have sustained injuries. There is no cross-FIR. All the witnesses have named the present applicant as one being a member of unlawful assembly. It is also contended that since applicant was member of unlawful assembly, he has been rightly convicted and is not entitled for suspension of sentence. 5. We have considered the contentions. 6. Considering the fact that deceased has sustained one single blow on head which is not assigned to present applicant; that applicant was a juvenile at the time of alleged incident; that applicant was on bail during trial and disposal of appeal will take time, we deem it proper to allow the suspension of sentence application. 7. Accordingly, the application for suspension of sentence application is allowed. It is ordered that the sentence awarded to accused/applicant in Sessions Case No.51/2020(CIS No.56/2020) shall remain suspended if the accused/applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court to the effect that (3 of 3) [SOSA-2027/2024] he shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J HEENA/37