HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2095/2024 In D.B. Criminal Appeal No.406/2024 Pushpendra @ Pharma Son Of Dhruvsingh @ Dhuji, Aged About 50 Years, Resident Of Kamalpura Ps Bhusawar Dist Bharatpur Rajasthan (At Present Confined In Central Jail Bharatpur) ----Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Biri Singh Sinsinwar, Sr. Advocate with Mr. Jaswant Singh Rathore For State For Complainant(s) : : Mr. Vivek Sharma, Additional Govt. Advocate with Mr. Gaurav Gupta, Assistant Govt. Advocate Ms. Neha Goyal Mr. Timan Singh HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 08/01/2025 1. Accused/applicant 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 has remained in custody for a period of 5 years and 11 months. It is also contended that incident took place at the house of applicant. Complainant party were assailants. It is also contended that accused himself has received fracture and at the time of his arrest, injuries were noted in the arrest memo. It is further (2 of 3) [SOSA-2095/2024] contended that allegation was against four persons, charge-sheet was filed only against the present applicant. It is contended that from the statement of PW.1, it is revealed that deceased attacked the applicant and a fight took place in which deceased fell from the stairs and this witness has not been declared hostile by the prosecution. 4. Learned Additional Govt. Advocate and counsel for complainant have opposed the application for suspension of sentence. It is contended that deceased sustained head injury which was caused by the applicant, hence, applicant is not entitled to bail. 5. We have considered the contentions. 6. Considering the contentions of counsel for the applicant; also taking note of the fact that witnesses have stated that incident took place on the roof of house belonging to applicant; that applicant has sustained injuries including fracture; that applicant has remained in custody for a period of 5 years and 11 months and disposal of appeal will take time, we deem it proper to allow the application for suspension of sentence. 7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused/applicant in Sessions Case No.40/2021(10/2020) (01/2020), (CIS No.41/2021) 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 (3 of 3) [SOSA-2095/2024] 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/80