[2025:RJ-JP:26654] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 253/2025 In S.B. Criminal Appeal No.317/2025 Shivnath @ Shiv S/o Babulal, R/o Satalkhedi Police Station Suket District Kota (Raj) (The Appellant Is Behind The Bars In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. P.S. Rajawat For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/07/2025 1. Instant SOS application is preferred by appellant-accused Shivnath @ Shiv S/o Babulal in pending appeal filed aggrieved from judgment of conviction and sentence dated 12.12.2024 in Sessions Case No. 168/2017 passed by learned Additional Sessions Judge (Women Atrocity Cases) No.2, Kota, whereby appellant-accused for convicted under Section 306 IPC and further sentenced to undergo simple imprisonment of 5 years with fine of ₹5,000/-. 2. Learned counsel for appellant submits that appellant is an innocent person and he was falsely implicated by complainant. He further submitted that this appellant was on bail during trial and disposal of appeal will take its own time. He further submitted that [2025:RJ-JP:26654] (2 of 4) [SOSA-253/2025] the Trial Court has convicted appellant-accused for abating the suicide, whereas no evidence with regard to abatement of suicide available on record. He further submitted that the Trial Court has committed serious error while not considering the material contradictions and discrepancies in the statement of witnesses, which are sufficient to dent the case of prosecution. He also submitted that there is no evidence on record to connect appellant to the reason of death of deceased. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On basis of report 25.02.2017 about elopement of his minor daughter from 24.02.2017, FIR No.57/2017 under Sections 363 and 366 IPC was registered At P.S. Suket District Kota. During investigation, police came to know that minor daughter of complainant has committed suicide, and on basis of available evidence, Police has filed a charge-sheet against the appellant- accused under Section 306 IPC. 6. After framing the charge, the prosecution has examined 18 witnesses and exhibited 21 documents. The accused was examined under Section 313 Cr.P.C., but he has not submitted any defence evidence. The Trial Court has convicted the appellant- accused. 7. We have considered the statement of PW-3 (complainant) particularly his cross-examination and also of PW-1 (mother of deceased). The evidence of PW-6 (Manoj Kumar) suggests that a dead body was found in a river and same was recovered from the [2025:RJ-JP:26654] (3 of 4) [SOSA-253/2025] river with assistance of other witness PW-18 (Pooja) considered as a material witness, has turned hostile and not supported the case of prosecution. It is not possible for us to express any opinion on the merits of the case, but having considered the totality of facts, particularly that this appellant-accused was released on bail in pursuant to order dated 02.05.2017 under Section 167(2) of Cr.P.C. by learned Additional Chief Judicial Magistrate, Ramganjmandi, District Kota, thus remained on bail during trial and disposal of appeal will take its own time, so it is appropriate to allow SOS application. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of applicant-accused Shivnath @ Shiv S/o Babulal 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 11.11.2025 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 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 [2025:RJ-JP:26654] (4 of 4) [SOSA-253/2025] 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. 9. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 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 GAURAV /07