[2025:RJ-JP:19742] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2467/2024 In S.B. Criminal Appeal No.3458/2024 Alameen S/o Mohammad Kuddus, Aged About 29 Years, R/o Near Idgah, Reech Bandar Basti, Delhi Bye Pass Road, Police Station Galta Gate, Jaipur. (At Present Confined In District Jail Jaipur) ----Petitioner Versus State Of Rajashtan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ishan Mishra, Ms. Rashmi Meena and Mr. Rajendra Prasad Yogi for Mr. Aditya Mishra For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Alameen S/o Mohammad Kuddus in pending appeal filed aggrieved from order of conviction and sentence dated 30.11.2024 in Sessions Case No.24/2018 (06/2016) passed by learned Additional District Judge No.3, Jaipur Dist. Jaipur, whereby appellant was convicted for offence under Sections 324, 326 IPC and 4/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he [2025:RJ-JP:19742] (2 of 4) [SOSA-2467/2024] was falsely implicated by prosecution. He further submitted as per prosecution the incident was result of sudden provocation and it was not a pre-meditated assault. He further submitted that the trial court has ignored material contradictions in the cross- examination of injured PW-3 Samlan and other eye-witnesses. He further submitted that Salman was medically examined by PW-15 Dr. P.C. Saini who prepared injury report Ex.P-26 and X-ray was conducted by PW-14 but none of the injury was found as grievous and dangerous to life. He further submitted that appellant was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with report received from received police station and same is taken on record. The complainant was already informed about the instant case. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex.P-8 submitted by Mohd. Waheed about assault on his son Salman, FIR No.469/2015 was registered at P.S. Galta Gate, Jaipur. After investigation, police has filed charge-sheet under Sections 307, 326, 324 IPC and 4/25 of Arms Act against appellant. After framing charge, prosecution has examined 15 witnesses and exhibited 26 documents. The accused was examined under Section 313 Cr.P.C. Learned trial court has convicted appellant under Section 324, 326 IPC and 4/25 of Arms Act and maximum sentence awarded to appellant is 5 years. The appellant was on bail during trial. The victim was examined as PW-3 whereas medical jurist was examined as PW-15 and [2025:RJ-JP:19742] (3 of 4) [SOSA-2467/2024] radiologist as PW-14. We have considered the statement of injured and also of both doctors. 6. There were four criminal cases against appellant and out of this, one related to NDPS Act, second related to Excise Act, third related to RPGO and fourth related to simple injury. 7. At this stage, it is not possible to express any opinion on merits of the case, but having considered the fact that appellant is in custody for last 6 months, therefore it is appropriate to release appellant on bail. 8. 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-Alameen S/o Mohammad Kuddus 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 20.08.2025 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 [2025:RJ-JP:19742] (4 of 4) [SOSA-2467/2024] 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. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /19