[2025:RJ-JP:18476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2313/2024 In S.B. Criminal Appeal No.3280/2024 Virendra @ Veeru S/o Ramkishore, Aged About 44 Years, R/o Ward No. 23, Behind New Hospital, Malpura, District Tonk. ( At Present Confined In District Jail Tonk) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Bharat Yadav For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Virendra @ Veeru S/o Ramkishore in pending appeal filed aggrieved from order of conviction and sentence dated 29.11.2024 in Sessions Case No.57/2015 passed by learned Special Judge (SC/ST (POA) Act Cases), Tonk whereby appellant was convicted for offence under Sections 452, 323/34, 324/34 and 307/34 IPC and sentenced accordingly. 2. Learned counsel for the appellant submitted that out of total 6 pending cases, he has already placed on record relating to five cases, wherein appellant was acquitted. He also submitted that today he is filing order in case No.121/2005 wherein on 30.11.2007 appellant was admonished under Section 3 of [2025:RJ-JP:18476] (2 of 4) [SOSA-2313/2024] Probation of Offenders Act. He also submitted that appellant is in custody for last 2 years. He further submitted that appellant is an innocent person and he was falsely implicated by complainant party. He also submitted that no attribution was made upon appellant to inflict injury upon injured. He further submitted that co-accused Shojiram and Deepak were already released on bail as their SOS applications were allowed by a Co-ordinate Bench of this Court. He further submitted that appellant undertake not to repeat any offence during pendency of appeal. At last, he submitted that appellant was on bail during trial and never misused the liberty granted to them. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex.P-1 dated 26.05.2015, FIR No.154/2015 was registered at P.S. Malpura under Sections 452, 307, 323, 34 IPC and 3(2)(5) of SC/ST (POA) Act. After investigation, police has filed charge-sheet against Virendra, Deepak and Shojiram. After framing charge, prosecution has examined 15 witnesses and exhibited 14 documents. The accused was examined under Section 313 Cr.P.C. and he opted not to submit any defence evidence. Two documents were exhibited by accused. Learned trial court has convicted appellant Virendra, Shojiram and Deepak under Sections 452, 323/34, 324/34 and 307/34 IPC and maximum sentence awarded to each accused is 7 years. [2025:RJ-JP:18476] (3 of 4) [SOSA-2313/2024] 6. Two accused Deepak and Shojiram were released on bail as their SOS applications were allowed by a Co-ordinate Bench of this Court on 01.04.2025 and 25.02.2025 respectively. The details of criminal antecedents available on record indicated that 6 cases were registered against present appellant wherein in four cases, he was acquitted by the courts. In case No.66/2008 P.S. Malpura, appellant was acquitted on 15.01.2014 whereas in remaining 6th case the appellant was convicted under Sections 341, 323/34 IPC\ and admonished under Section 3 of Probation of Offenders Act. 7. Having considered the facts and circumstances of the case and also the material available on record, without expressing any opinion on merits of the case, 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-Virendra @ Veeru S/o Ramkishore 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 11.08.2025 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. [2025:RJ-JP:18476] (4 of 4) [SOSA-2313/2024] 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. 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 /76