HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application No. 2476/2024 In Re: S.B. Criminal Appeal No.3298/2024 1. Babu @ Baburam Son Of Narpat, Aged About 46 Years, Resident Of Saimla Police Station Laxmangarh, District Alwar (Rajasthan) (At Present Confined In Central Jail Alwar) 2. Dinesh Son Of Narpat, Aged About 60 Years, Resident Of Saimla Police Station Laxmangarh, District Alwar (Rajasthan) (At Present Confined In Central Jail Alwar) ----Accused/Appellants Versus State of Rajasthan, through PP ----Respondent For Appellant(s) : Mr. Surendra Singh Sunda For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/01/2025 1. This application for suspension of sentence has been preferred by the accused appellants as regards the judgment dated 05.12.2024, passed by learned Addl. Sessions Judge, Laxmangath, District Alwar in Sessions Case No. 40/2013, whereby the accused appellant Babu was convicted for offence punishable u/S 341, 323 & 325 and the accused appellant Dinesh was convicted for offence punishable u/S 341, 323 & 326. (2 of 3) [SOSA-2476/2024] 2. Considered the submissions made at bar and also perused the record. 3. Learned counsel for the accused appellants submits that the accused appellants were on bail during trial and they have never misused the liberty of bail in any manner. He further submits that the appeal has already been admitted for hearing vide order dated 13.12.2024. 4. Having regard to the submissions made by learned counsel for the accused appellants and taking into consideration the observations and findings of the trial Court in the light of the prosecution evidence, there are certain issues which requires consideration. 5. The application for suspension of sentence for the co- accused namely Vikram @ Kadu, Smt. Kamla, Hetram, Mahesh & Devesh has already been allowed vide order dated 13.12.2024. 6. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that application for suspension of sentence of co-accused persons has already been allowed, this court deems just and proper to suspend the sentence of the accused appellants. 7. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellants-Babu and Dinesh in Criminal Case No.40/2013 shall remain suspended on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) (each) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that they shall (3 of 3) [SOSA-2476/2024] appear before the Registrar (Judicial) of this Court on 06.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the criminal appeal on the conditions as follows:- A. After release of the accused appellants, they shall not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. B. They shall appear before the trial Court in the month of February of every year till the criminal appeal is decided. C. If the appellants change the place of residence, they shall give in writing their changed address to the trial Court as well as the counsel in the High Court. D. Similarly, if the sureties change their address, they shall give in writing their changed address to the trial Court. 8. A copy of this order be sent to learned trial Court through e- mail. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /114