[2025:RJ-JP:19966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 2309/2024 in S.B. Criminal Appeal No. 3275/2024 Rajendra Son Of Sitaram, Aged About 35 Years, Resident Of Banai Police Station Laxmangarh District Sikar At Present In Central Jail Bikaner ----appellant Versus State Of Rajasthan, Through The PP ----Respondent For appellant(s) : Mr. Harendra Singh with Mr. Hemang Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG Mr. Jitendra Singh Shekhawat & Mr. Ashir Gauri HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/05/2025 1. The instant application is preferred by appellant- Rajendra Son Of Sitaram for suspension of sentence in pending appeal which was admitted on 18.12.2024 and aggrieved from order of conviction and sentence dated 30.11.2024 in Sessions Case (CIS) No.41/2019 (121/2014) passed by learned Additional Sessions Judge, Laxmangarh, District Sikar whereby appellant was convicted for offence under Sections 307/34, 452/34, 325/34, 323/34, 341of IPC and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated by complainant party. He further referred report Ex. P/1 registered by PW-9 and submitted that the report [2025:RJ-JP:19966] (2 of 5) [SOSA-2309/2024] was registered against nine persons but charge-sheet was filed against four persons and during trial one person has died. He further referred the record and submitted that on the basis of prosecution evidence accused Hari Ram was convicted under Section 307 IPC whereas other two persons Vijay Pal and Rajendra were convicted with aid of Section 34 of IPC. He further referred the injury report Ex. P/4 of Ram Kori, Ex. P/6 of Neeraj and Ex. P/7 of Jagdish Prasad with statement of injured witnesses. PW-6 Ram kori, PW-9 Neeraj and PW-3 Jagdish submitted that none of them have assigned any deadly assault upon present appellant. He further referred statement of PW-2 Dr. Rajesh Sharma and PW- 8 Dr. Narendra Mishra and submitted that as per opinion of PW-2 the injury upon Neeraj PW-9 is dangerous to life, provided same was not treated. He further referred the cross-examination of PW- 2 and submitted that the injury is neither on vital part nor sufficient to cause death in ordinary course of nature. He also referred the discrepancies ignored by learned trial court and submitted that the trial court has committed serious error while convicting present appellant accused. At last, he submitted that appellant was on bail during trial the disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has referred the injury reports and opinion and submitted that injury upon PW-9 is dangerous to life. Learned Public Prosecutor has submitted custody certificates and same are taken on record. [2025:RJ-JP:19966] (3 of 5) [SOSA-2309/2024] 4. Heard learned counsel for parties. and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex. P/1 by PW-3 Jagdish Prasad, FIR no. 174/2014 was registered at P.S. Laxmangarh, District Sikar. After investigation police has filed charge-sheet against four persons Vijay Pal, Rakesh, Hari Ram and Rajendra but during trial Rakesh has expired so proceedings were dropped against him. After framing the charge, the prosecution has examined 17 witnesses and exhibited 18 documents. The appellant accused were examined under Section 313 Cr.P.C. and they have not submitted any defence evidence but exhibited five documents. The trial court has convicted Hariram under Sections 307,341, 452/34 and 323/34 and 325/34 IPC whereas convicted Vijaypal and Rajendra under Sections 307/34, 341, 452/34, 323/34 and 325/34 IPC. The maximum sentence awarded to present appellant is 10 years under Section 307/34 IPC. This appellant accused was released on bail in pursuant to order dated 25.11.2014 in bail application no. 13615/2014. Besides present case one more FIR no. 172/2014 was registered against the appellant at P.S. Laxmangarh, District Sikar. 6. We have considered the statement of injured PW-3 Jagdish, PW-6 Ram Kori and PW-9 Neeraj Kumar. Also considered statement of PW-2 Dr. Rajesh Sharma and PW-8 Dr. Narayan Mishra. The prosecution has named PW-7, PW-10, PW-12, PW-13 and PW-15 as eye-witness whereas the matter was investigated by PW-14 Anand and PW-17 Ratanlal. The disposal of appeal will take its own time. [2025:RJ-JP:19966] (4 of 5) [SOSA-2309/2024] 7. Having considered the opinion about injury caused upon PW- 9 Neeraj, but at this stage cannot consider the grounds on merits, Thus, without expressing any opinion on merits, considering the totality of facts and circumstances of the case, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Rajendra Son Of Sitaram is suspended till disposal of appeal with the condition that he 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 his appearance in this court on 22.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he 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, he will give in writing his 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:19966] (5 of 5) [SOSA-2309/2024] 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /13(SOSA)