[2025:RJ-JP:25425-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.177/2025 In D.B. Criminal Appeal No.51/2025 Shahjad Son Of Hussaina, Aged About 40 Years, Resident Of Kutiyapur Police Station Kishangarhbas District Alwar (Rajasthan) (At Present In Central Jail Alwar) ----Applicant Versus State Of Rajastahn, Through The PP ----Respondent For Applicant(s) : Mr. Harendra Singh with Mr. Jaswant Singh Rathore For Respondent(s) : Mr. Sudesh Saini, PP Mr. Pradeep Kumar Sharma for complainant HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 10/07/2025 1. This is an application for suspension of sentence filed on behalf of the applicant – Shahjad. 2. The applicant has been convicted vide judgment dated 04.12.2024 under Section 302 read with Section 149 IPC and was sentenced to undergo life imprisonment with fine. 3. Learned counsel for the applicant submits that there were sixteen accused in the trial and six were convicted. Further, nine accused were acquitted and one had died during the course of trial. The contention is that four accused were convicted under Section 302 read with Section 149 IPC. The argument is that the [2025:RJ-JP:25425-DB] (2 of 3) [SOSA-177/2025] sentence of three similarly situated accused viz. Nuru alias Noor Mohammad, Aseen and Paltu Khan has already been suspended by this Court vide order dated 02.04.2025. 4. The parity is claimed with Nuru alias Noor Mohammad, Aseen and Paltu Khan whose sentence has already been suspended. 5. Learned counsel for the applicant also submits that applicant was on bail during trial. The hearing of the appeal is likely to take time. 6. Learned Public Prosecutor on instructions is not in a position to dispute the parity. 7. Learned counsel for the complainant submits that there are specific allegations against the applicant for causing an injury to Khurshid. 8. Having regard to the facts and circumstances of the case and considered arguments advanced by learned counsel for the parties and the fact that sentence awarded to similarly situated co- accused Nuru alias Noor Mohammad, Aseen and Paltu Khan has already been suspended; applicant was on bail during trial; there are no criminal antecedents and hearing of appeal is likely to take time, without commenting upon merits/demerits of the case, this court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-applicant. 9. The application for suspension of sentence filed by the accused-applicant under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded by the Additional Sessions Judge No. 2, Kishangarh Bas, District Alwar vide judgment and order dated 04.12.2024 in Sessions Case [2025:RJ-JP:25425-DB] (3 of 3) [SOSA-177/2025] No. 05/2018 (18/2011) against accused-applicant – Shahjad son of Hussaina shall remain suspended till final disposal of aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Judge for his appearance in this court on 11.08.2025 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:- 1. After release of the accused-applicant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, instant 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 changes 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. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Sudeepak/13