[2025:RJ-JP:40723] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.1417/2025 Amit Singh Rathor Son Of Gajendra Singh, Aged About 38 Years, Resident Of Village Hedarpur Police Station Mohammadabad District Farukhabad Uttar Pradesh At Present Resident Of 153, J.d.a. Colony Sirsi Road, Bhankrota Jaipur (At Present In Central Jail Jaipur) ----Petitioner Versus The State Of Rajasthan, Through P.P ----Respondents For Petitioner(s) : Mr. Kuldeep Yadav For Respondent(s) : Mr. Amit Punia, Dy. GA-cum-PP Mr. Javed Mohd. Khan JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Learned counsel for the petitioner submits that the incident has occurred on the spur of the moment, wherein the injured has sustained one grievous injury and there is no opinion of the doctor that injury sustained by the injured was dangerous to life. Learned counsel submits that the appellant was on bail during the course of trial and now he is in custody since the date of judgment and the hearing/disposal of the instant appeal is bound to take its own time, therefore, the sentence awarded to the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant oppose the prayer made by counsel for the appellant. [2025:RJ-JP:40723] (2 of 3) [SOSA-1417/2025] 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by learned counsel for the appellant and looking to the fact that injured has sustained one grievous injury and there is no opinion of the doctor with regard to the fact that the injury was dangerous to life and also looking to the fact that the appellant was on bail during trial and now he is custody since the date of judgment, and the fact that hearing/disposal of the instant appeal is bound to take its own time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant. 5. Accordingly, the application for suspension of sentence filed by the appellant under Section 430 BNSS is allowed and the sentence awarded by the Court of Additional Sessions Judge No.07, Jaipur Metropolitan Second in Sessions Case No. 08/2020, CIS No.297/2020 (CNR No.RJJT010093562020) against the appellant shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 10.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes his place of residence and mobile number, he will give in writing his changed [2025:RJ-JP:40723] (3 of 3) [SOSA-1417/2025] address and mobile number to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 6. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Karan/119