[2025:RJ-JP:22862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 985/2025 In S.B. Criminal Appeal No.1294/2025 1. Mahaveer S/o Kanhaiyya Lal, R/o Ramnagar, P.s. Budhadeet District Kota (Rajasthan) (Appellant Presently Confined In Central Jail Kota) 2. Bheemraj S/o Kailashchand Meena, R/o Arniya P.s. Kapren District Bundi (Rajasthan) (Appellant Presently Confined In Central Jail Kota) ----Appellants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellants(s) : Mr. Pushpendra Sharma Mr. Ajay Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AGA Mr. Samarth Sharma for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 30/05/2025 1. The instant application for suspension of sentence is preferred by the appellants-applicants accused (1) Mahaveer S/o Kanhaiyya Lal and (2) Bheemraj S/o Kailashchand Meena (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from order of conviction and sentence dated 24.03.2025 in Sessions Case No.87677/2014 (32/2013) passed by learned Additional Sessions Judge No.6, Kota whereby the appellants were convicted for offence under Sections 323/34 and [2025:RJ-JP:22862] (2 of 4) [SOSA-985/2025] 307/34 of IPC and sentenced to undergo imprisonment of 1 year and 7 years with fine respectively. 2. Learned Public Prosecutor has submitted custody certificate along with criminal antecedents and same are taken on record. 3. Heard learned counsel for the appellants, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record along with certified copies of record submitted by learned counsel for complainant as there are vacations of one month from tomorrow. 4. In a matter arising out of FIR No.158/2012 registered at Police Station Budadeet, Distt. Kota Rural, a charge-sheet was filed by police against both the appellants accused under Sections 341, 323, 324, 307 and 34 IPC. After investigation, police has filed charge-sheet against the appellants accused. After framing the charge, the prosecution has examined 15 witnesses and exhibited 15 documents. The accused were examined under Section 313 CrPC and they have examined examined 4 witnesses including both appellants accused, in their defence. 5. The injured Mohan Lal was examined as PW-6 and we have considered examination-in-chief and cross-examination of Mohan Lal. According to Mohan Lal, there was a fighting between Mahaveer and others with Ram Pratap and when he reached there to take motorcycle then Mahaveer, Bheemraj, Dhanraj came towards him and they have assaulted and gave beatings to him. The injuries upon PW-6 were examined by PW-1 Dr. Pravez Khan and he reserved his opinion about injury No.1. PW-2 Dr. P.K. Tiwari who is Member of a Board, opined on 06.02.2013 and exhibited Ex.P-3, has clearly stated that the injury upon skull of [2025:RJ-JP:22862] (3 of 4) [SOSA-985/2025] Mohan Lal is simple in nature and same is not dangerous to life. We have considered cross-examination of PW-15 Mahendra Kumar wherein he deposed that after final opinion of Doctor, on basis of injury, a charge sheet under Section 307 IPC was filed. Further, he admitted that there is cross case against Mohan Lal and others under Section 302 IPC for murder of Kamlesh (brother of Mahaveer). 6. The appellants accused remained on bail during trial and till date, the period of custody is more than 9 months. Having considered the entirety and facts and circumstances of the case and the disposal of appeal will take its own time and without expressing any opinion on merits of the case, I am of considered view that at this stage it is a fit case wherein appellants can be enlarged on bail. 7. In view of discussion made hereinabove, the instant suspension of sentence application is hereby allowed and it is ordered that sentence of appellants-applicants accused (1) Mahaveer S/o Kanhaiyya Lal and (2) Bheemraj S/o Kailashchand Meena is suspended till disposal of appeal with the condition that each of them 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 their appearance in this Court on 11.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellants accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. [2025:RJ-JP:22862] (4 of 4) [SOSA-985/2025] 2. That the appellants will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 5. Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial Court. 8. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and cancelled. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MR-106