HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2052/2024 In D.B. Criminal Appeal No.287/2024 1. Billu @ Virendra Son Of Shyoram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 2. Khushiram Son Of Phusaram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 3. Leelu Son Of Chhajuram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 4. Vikram Son Of Khushiram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 5. Satish Son Of Shyoram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 6. Om Prakash Son Of Ramsingh, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 7. Babulal Son Of Sher Singh, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 8. Rajesh Son Of Khushiram, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) 9. Dharampal @ Dharam Singh Son Of Ramsingh, Resident Of Village Sinthal Police Station Bhiwadi District Alwar (Raj) (At Present In Central Jail, Alwar) ----Accused/ Applicants Versus State Of Rajasthan, Through P.p ----Respondent (2 of 3) [SOSA-2052/2024] For Accused/ Applicant(s) : Mr. Surendra Singh Sunda For Complainant(s) For State : : Mr. Samarth Sharma with Mr. Mrityunjya Sharma Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG Mr. Gaurav Gupta, Assistant Govt. Advocate HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 10/01/2025 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 applicants that applicants were on bail during trial. It is also contended that dispute took place on joint Khatedari land and both the parties have sustained injuries. It is further contended that charge-sheet was filed against 16 persons, out of which 5 persons have expired and 11 have been convicted. All of them were convicted with the aid of Section 149 IPC. It is contended that sentence of two co-accused have been suspended by Court. The complainant side has also been convicted and finding of the Court is that a free fight took place between the parties. 4. Learned GA-cum-AAG and counsel for complainant have opposed the application for suspension of sentence. 5. We have considered the contentions. 6. Considering the fact that matter pertains to cross-FIR; that (3 of 3) [SOSA-2052/2024] both the sides have sustained injuries; that accused were on bail during trial; that sentence of two co-accused have been suspended by the Court and case of the accused is akin to that of two co-accused whose sentence has been suspended by the Court, we deem it proper to allow the application for suspension of sentence application. 7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.65/2023(66/2004) CIS No.97/2023 shall remain suspended if the 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 he shall appear before this Court as and when called upon to do so. (SHUBHA MEHTA),J (PANKAJ BHANDARI),J HEENA/34