[2025:RJ-JP:24574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1090/2025 in S.B. Criminal Appeal No. 1445/2025 1. Neelam Wife Of Kartar, R/o Village Unapur, Police Station Weir, District Bharatpur (Accused Appellants Are Confined At Women Wing Central Jail Bharatpur) 2. Ajmati Wife Of Narendra Singh, R/o Village Unapur, Police Station Weir, District Bharatpur (Accused Appellants Are Confined At Women Wing Central Jail Bharatpur) 3. Guddi Wife Of Mahendra, R/o Village Unapur, Police Station Weir, District Bharatpur (Accused Appellants Are Confined At Women Wing Central Jail Bharatpur) 4. Uravshi Wife Of Hakim, R/o Village Unapur, Police Station Weir, District Bharatpur (Accused Appellants Are Confined At Women Wing Central Jail Bharatpur) 5. Amarwati Wife Of Hanumat, R/o Village Unapur, Police Station Weir, District Bharatpur (Accused Appellants Are Confined At Women Wing Central Jail Bharatpur) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent Connected With S.B. Criminal Appeal (Sb) No. 1617/2025 Mahendra S/o Ramkhiladi, R/o Village Unapur Police Station Weir, District Bharatpur (Accused Appellant Is Confined At Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. Devi Singh, PP Mr. Tarun Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/07/2025 1. The instant application for suspension of sentence is preferred by appellants - Neelam Wife Of Kartar, Ajmati Wife [2025:RJ-JP:24574] (2 of 4) [SOSA-1090/2025] Of Narendra Singh, Guddi Wife Of Mahendra, Uravshi Wife Of Hakim, Amarwati Wife Of Hanumat in pending appeal filed aggrieved from order of conviction and sentence dated 21.05.2025 in Sessions Case No. 80/2016 passed by learned Special Judge, SC/ST (POA) Act cases, Bharatpur whereby appellants were convicted for offence under Sections 148, 341, 323/149, 324/149, 325/149, 307/149 IPC and sentenced accordingly. 2. Learned counsel for the appellants while relying upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated by complainant party. He further submitted that all five accused are females and they were not directly involved in the incident. He referred the injury report and facts of the case and submitted that injured sustained only one grievous injury and rest simple injuries but the grievous injury is not dangerous to life. He further submitted that the trial court has ignored material contradiction and discrepancies in the evidence of the parties. He further referred the animosity between the parties and submitted that disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that these appellants armed with deadly weapons participated in the assault. Learned Public Prosecutor has submitted custody certificate and same is taken on record. 4. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. [2025:RJ-JP:24574] (3 of 4) [SOSA-1090/2025] 5. On the basis of report, Ex.P-1 filed by Hari Singh on 02.12.2015 for incident of 01.12.2015 FIR No. 297/2015 was registered at P.S. Halena, Dist. Bharatpur. After investigation, police has filed charge-sheet against all appellants. After framing charge, prosecution has examined 16 witnesses and exhibited 39 documents. The accused were examined under Section 313 Cr.P.C. but they have not submitted any oral evidence in defence but exhibited four documents. Learned trial court has convicted appellants under Sections 148, 341, 323, 324, 325, 307 read with Section 149 IPC. The maximum sentence awarded to appellants is 10 years under Section 307 read with Section 149 IPC. 6. These appellants were on bail during trial and were taken in custody after conviction and sentence on 21.05.2025. These appellants are females and the record suggests that at least three cases were registered against each of them which includes present case. The disposal of appeal will take its own time and the ground of non-attribution of grievous injury upon any of appellants can be considered at the time of final adjudication. 7. 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 appellants on bail. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellants accused- Neelam Wife Of Kartar, Ajmati Wife Of Narendra Singh, Guddi Wife Of Mahendra, Uravshi Wife Of Hakim, and Amarwati Wife Of Hanumat is suspended till [2025:RJ-JP:24574] (4 of 4) [SOSA-1090/2025] disposal of appeal with the condition that each of them would execute 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 their appearance in this court on 27.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellants on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. 2. That they 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, they will give in writing their 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. 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 CHETNA BEHRANI /37-38(SOSA)