HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 2325/2024 In D.B. Criminal Appeal No.390/2024 1. Ramshankar @ Umashankar S/o Rajaram, Aged around 28 Years, R/o Devdas Ka Pura, Police Station Rajakheda, District Dholpur Raj (At Present Confined In Central Jail Bharatpur) 2. Ramotar @ Ramavatar S/o Rajaram, Aged About 35 Years, R/o Devdas Ka Pura, Police Station Rajakheda District Dholpur Raj (At Present Confined In Central Jail, Bharatpur) ----Accused/Applicants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Accused/ Applicant(s) : Mr. Rinesh Gupta For Respondent(s) : Mr. Vivek Sharma, Additional Govt. Advocate HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 16/01/2025 1. It is informed by learned Additional Govt. Advocate that victim has been intimated about filing of the appeal and application for suspension of sentence. Report in this regard has been submitted by learned Additional Govt. Advocate and the same is taken on record. 2. No one has put in appearance on behalf of victim. (2 of 3) [SOSA-2325/2024] 3. Accused/applicant has preferred this application for suspension of sentence. 4. Heard on application for suspension of sentence. 5. It is contended by counsel for the applicant that applicant has remained in custody for a period of about three years. It is also contended that as many as seven persons were convicted and sentence of five persons have been suspended by Court. It is also contended that allegation against applicant is of causing injury by sharp edged weapon, however, deceased has sustained only one head injury which is not caused by sharp weapon. Disposal of appeal will take time. 4. Learned Additional Govt. Advocate has opposed the application for suspension of sentence. 5. We have considered the contentions. 6. Taking note of the fact that applicant has remained in custody for a period of about three years; that sentence of co- accused has been suspended by the Court; that deceased has sustained only one head injury which is not caused by sharp weapon; that all the witnesses except PW.15 have turned hostile 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(CIS) No.25/2022(Consolidated Sessions Case No.98/2022) shall remain suspended if the accused/applicant furnishes a personal bond of Rs.1,00,000/- and (3 of 3) [SOSA-2325/2024] 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/82