[2025:RJ-JP:42699] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1687/2025 in S.B. Criminal Appeal No. 1748/2025 Jayram S/o Ranglal, Aged About 24 Years, R/o Village Jopada, P.s. Sadar Dausa Dist. Dausa (Raj) (Presently In Dist. Jail, Dausa) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Ritesh Jain with Ms. Poonam Mishra & Dr. Ramdeo Arya Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1. Instant second application for suspension of sentence is preferred by appellant -Jayram S/o Ranglal, in pending appeal filed aggrieved from order of conviction and sentence dated 21.06.2025 in Sessions Case No. 05/2023 passed by learned Sessions Judge, Dausa, District Dausa whereby appellant was convicted for offence under Sections 323, 341, 325 and 308 IPC. The maximum sentence awarded to present appellant is 4 years. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on [2025:RJ-JP:42699] (2 of 4) [SOSA-1687/2025] testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. 3. Learned counsel for applicant submits that first suspension of sentence application was dismissed on 25.07.2025 as same is withdrawn. He further submitted that in identically placed situation accused Munshi Prahalad was allowed suspension of sentence application by this Court and now present applicant is seeking bail after undergoing some part of his sentence. He submits that present applicant has already served more than 6 months in custody. He further referred the material on record and submits that both the parties belong to same families and there was a dispute between them. He also submitted that due to animosity, all of a sudden, a free fight has occurred between the parties and same resulted into present case. He also referred findings of the trial court and submitted that present applicant was found guilty under section 308 of IPC and not under section 307 of IPC. At last, he submits that currently there is festival of Diwali. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. On 25.07.2025, this Court has allowed suspension of sentence application of applicant-accused Munshi Prahlad but suspension of sentence application of present applicant was dismissed as withdrawn. While considering suspension of sentence application of Munshi Prasad, this Court has observed as under:- “6. On the basis of report, Ex.P-1 about assault by group of persons FIR no. 206/2022 was registered [2025:RJ-JP:42699] (3 of 4) [SOSA-1687/2025] at P.S. Sadar Dausa and after investigatiion police has filed a charge-sheet against 12 persons. After framing the charge prosecution has examined 16 witnesses and exhibited 60 documents. The accused was examined under Section 313 Cr.P.C. and in defence they have examined DW-1 Ranglal and exhibited 15 documents. The trial court has convicted Jayram and Munshi and sentenced with imprisonment. The trial court has convicted eight persons under Sections 323, 341 and 325 IPC but extended benefit of probation.” 7. The present applicant was on bail during trial and after awarding sentence he was taken in custody and since then he is in custody. As per latest custody certificate, the applicant has undergone more than 4 months and 13 days out of awarded sentence. Initially, a charge under section 307 IPC was framed against the applicant but he was found guilty under section 308 of IPC. The maximum sentence awarded is 4 years. We have considered the statement of injured Nahar Singh and also who was examined as PW-13. No doubt about the finding recorded by the trial court that these injuries were caused by stick. The trial court has considered statement of PW-7, PW-16 and Dr. Navneet. 8. The defence has also exhibited charge-sheet in cross-case and also claimed injuries upon accused. There is no criminal antecedents against the present applicant. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 9. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Jayram S/o Ranglal [2025:RJ-JP:42699] (4 of 4) [SOSA-1687/2025] is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the 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(s) 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. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and canceled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MONU /08