HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Application for Suspension of Sentence No.1984/2025 in S.B. Criminal Appeal (Sb) No. 2653/2025 1. Chandrabhan S/o Kalyan, Aged About 50 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 2. Bhanwar @ Brajpal S/o Chandrapal, Aged About 25 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 3. Ajay S/o Sardar, Aged About 29 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 4. Monu S/o Gopal, Aged About 25 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 5. Sonu S/o Gopal, Aged About 31 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 6. Gajendra S/o Kaan Singh, Aged About 45 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) 7. Dholu @ Nandkishore S/o Kaan Singh, Aged About 51 Years, R/o Musredi Police Thana Kasbathana District Baran (Raj.) ----Appellants Versus The State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr.Harshit Sharma For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Learned counsel for the appellants submits that the appellants have been convicted for the offences punishable under Sections 147, 323, 336 & 504 read with Section 149 of IPC and Section (1)(r)(s)(z)(za)za(a) & 3(2)(va) of the Scheduled Castes (2 of 3) [CRLAS-2653/2025] and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Counsel submits that the maximum sentence awarded to the appellants is three years and the same has already been suspended by the Trial Court. Counsel submits that the appellants were on bail during the course of trial and the disposal of the instant appeal is bound to take time, therefore, the sentence awarded to the appellants by the Trial Court be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard learned counsel for the appellants and learned Public Prosecutor and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellants and looking to the fact that the maximum sentence awarded to the appellants is three years and the same has already been suspended by the Trial Court and the appellants were on bail during the course of trial and looking to the fact that disposal of the appeal is likely to take time, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellants. 5. Accordingly, the application for suspension of sentence filed by the appellants under Section 430 BNSS, 2023 is allowed and the sentence awarded by the Trial Court against the appellants (i) Chandrabhan S/o Kalyan, (ii) Bhanwar @ Brajpal S/o Chandrapal, (iii) Ajay S/o Sardar, (iv) Monu S/o Gopal, (v) Sonu S/o Gopal, (vi) Gajendra S/o Kaan Singh, (vii) Dholu @ Nandkishore S/o Kaan Singh shall remain suspended till final disposal of the aforesaid appeal and subject to the condition that (3 of 3) [CRLAS-2653/2025] the appellants shall deposit a fine amount as imposed by the Trial Court and they shall be released on bail provided each of them execute 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 Judge for their appearance in 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 they shall appear before the Trial Court in the month of January of every year till the appeal is decided. 2. That if the appellants change their 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. 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 maintain the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants were 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. 7. In case the said accused-appellants do 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 Aayush Sharma /34