HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 378/2025 in S.B. Criminal Appeal No. 448/2025 Harishankar S/o Shree Nathulal Paliwal aged about 45 years resident of Kaakarwa (Brahmano Ki Bhagal) Police Station Kalwada at present Sewantri Police Station, Charbhuja District Rajasmand. (At present confined in central jail, Jaipur) ----Petitioner Versus State Of Rajasthan ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan Mr. Sikander Ali Ms. Tinku Yadav & Mr. Jaspal Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/05/2025 1. Instant application for suspension of sentence is preferred by appellant-accused Harishankar S/o Shree Nathulal Paliwal in pending appeal, filed aggrieved from judgment of conviction and sentence dated 04.02.2025 in sessions case No. 05/2018 passed by learned Special Judge (Fake Currency Cases), Jaipur Metro-I whereby the appellant-accused was convicted and sentenced under Sections 489-B, 489-C, 193 and 195 IPC. The maximum sentence awarded to present appellant is 4 years. 2. Learned counsel for appellants submits that appellant is an innocent person and there is no criminal antecedents against the appellant. He also submits that due to animosity, the appellant- accused was framed in the case and no recovery was effected from the appellant. He further submits that all other accused were (2 of 3) [SOSA-378/2025] acquitted and without recovery this appellant-accused cannot be convicted for the charge made against him unless any other co- accused made a deposition against the appellant. He also referred the facts of the case and submits that only due to dispute relating to operation of bus this appellant was framed. At last, he submits that the appellant-accused was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted custody certificate along with report received from P.S. Charbhuja District Rajasmand. 4. In a matter arising out of FIR No. 131/2015 registered at P.S. Charbhuja District Rajasmand, police has filed charge-sheet against Harishanker, Bharat Kumar, Narendra Singh, Prakash Chand and Ram Lal. After framing the charge the prosecution has examined 25 witnesses and also exhibited documents. The accused were examined under Section 313 Cr.P.C. and they have not submitted any defence evidence. Learned Trial Court has acquitted Bharat Kumar, Narendra Singh, Prakash Chand and Ram Lal but convicted present appellant-accused. 5. There is no criminal antecedent against the appellant and he was on bail during trial. The grounds raised by learned counsel for appellant can be considered at the time of final adjudication. The disposal of appeal will take its own time, therefore, it is appropriate to allow application for suspension of sentence of present appellant. 6. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-accused Harishankar S/o Shree Nathulal (3 of 3) [SOSA-378/2025] Paliwal is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 27.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant-accused will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant 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. 7. In case, if it is found that any condition is breached, then the order of suspension of sentence shall be recalled and cancelled. 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 MONU /21