HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No. 2079/2024 In S.B. Criminal Appeal No.3023/2024 Bhagchand S/o Late Shri Jagannath, Aged About 37 Years, R/o Balapura Police Station Arain Dsitrict Ajmer (Presently Confined In Central Jail Ajmer) ----Petitioner Versus State of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Misc. Bail (Suspension of Sentence) Application No. 2077/2024 In S.B. Criminal Appeal No.3021/2024 Bhuwan @ Bhuwanaram S/o Shri Pusaram, Aged About 30 Years, R/o Katsura Police Station Arain District Ajmer (Present Confined In Central Jail Ajmer) ----Petitioner Versus State of Rajasthan, Through Public Prosecutor ----Respondent (2 of 4) [SOSA-2079/2024] & [SOSA-2077/2024] For Petitioners : Ms. Anushree Sharma, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 30/01/2025 Heard learned counsel for the parties on the applications filed for suspension of sentence and perused the entire material available on record. Learned counsel for the accused-applicants submits that there is no reliable and legally acceptable evidence to hold the accused-applicants guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel also submits that the alleged contraband involved in the present matter is less than commercial quantity. Learned counsel further submits that accused- applicant-Bhagchand in S.B. Criminal Appeal No. 3023/2024 was not on bail during trial and presently he is confined in jail. So far as accused-applicant- Bhuwan @ Bhuwanaram in S.B. Criminal Appeal No. 3021/2024 is concerned, he was on bail during trial and presently, he is confined in jail. Learned counsel has annexed the certificates under Rule 311(3) of Rajasthan High Court Rules to this effect. Since (3 of 4) [SOSA-2079/2024] & [SOSA-2077/2024] hearing of the appeals is likely to take time, sentences of the accused-applicants may be suspended during pendency of these appeals. Learned Public Prosecutor has vehemently opposed the prayer regarding both the suspension of sentence. I have considered the submissions made by learned counsel for the parties. Without commenting upon the merits/demerits of these cases and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicants. Accordingly, the applications for suspension of sentence are allowed and it is ordered that the sentence awarded by the learned trial Court to the accused-applicants namely (1) Bhagchand S/o Late Shri Jagannath and (2) Bhuwan @ Bhuwanaram S/o Shri Pusaram in Sessions Case No.34/2020 shall remain suspended during pendency of the appeals and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of (4 of 4) [SOSA-2079/2024] & [SOSA-2077/2024] the learned trial Court with the stipulation that they shall appear before this court on 03rd March, 2025 and thereafter as and when called upon to do so. (UMA SHANKER VYAS),J YOGESH KUMAR /257-258