HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.1940/2025 In S.B. Criminal Appeal (SB) No. 2604/2025 Krishna @ Kalla S/o Hero Singh, Aged About 33 Years, R/o Hathaini, Police Station Chiksana, District Bharatpur (Raj.). (At Present Confined In Central Jail Sewar) ----Appellant Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 1856/2025 In S.B. Criminal Appeal No.2493/2025 Shekhar Singh S/o Sh. Pohap Singh, Aged About 24 Years, R/o Hathaini, P.s. Chiksana, Dist. Bharatpur (Raj.) (Presenlty In Central Jail At Bharatpur) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Anurag Sharma with Mr. Anoop Meena Mr. Yogesh Singhal For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GA/PP with Mr. Shubham Kumar Sain JUSTICE ANOOP KUMAR DHAND Order 14/10/2025 (2 of 4) [CRLAS-2604/2025] 1. Counsel for the appellant-Krishna submits that though the allegations of causing firearm injury have been levelled against the appellant, but looking to the medico-legal report of the injured, she has sustained simple injury and no foreign body particles were found. Counsel submits that the appellant was on bail during the course of trial and now he has already suffered one year and then months sentence. Counsel submits that the disposal of the appeal is bound to take time, so sentence awarded to the appellant be suspended till final disposal of the appeal. 2. Counsel appearing on behalf of the appellant-Shekhar Singh submits that the injured is not knowing the appellant and even no test identification parade of the appellant has been conducted and he has been falsely booked in the instant case and there is no allegation of causing any injury on the person of the injured. Counsel further submits that the appellant was on bail during the course of trial and disposal of the appeal is bound to take time, therefore, sentence awarded to the appellant-Shekhar Singh be suspended till final disposal of the appeal. 3. Per contra, learned Public Prosecutor has opposed the suspension of sentence applications and submitted that the appellant Krishna is a habitual offender, against whom seven cases of similar nature have been registered and one criminal case is pending against the appellant-Shekhar Singh. He further submits that looking to the criminal background of the appellants, sentence awarded to them be not suspended. (3 of 4) [CRLAS-2604/2025] 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by the counsel for the appellants and looking to the fact that the injured has sustained one simple injury and no foreign body particles were found in her body and looking to the fact that the appellants were on bail during the course of trial and disposal of the appeals are likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants till final disposal of the appeal. 6. Accordingly, both the applications for suspension of sentence filed by the applicants-appellants are allowed and the sentence awarded by the Court of Additional Sessions Judge No.3, Bharatpur vide judgment dated 08.09.2025 in Sessions Case No.02/2021 against the appellants-Krishna @ Kalla S/o Hero Singh and Shekhar Singh S/o Sh. Pohap Singh shall remain suspended till final disposal of the aforesaid appeals, subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail provided each of them execute a personal bond in 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 17.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (4 of 4) [CRLAS-2604/2025] 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 applicants change the place of residence and mobile number, they will give in writing their changed 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. Appellants shall deposit a fine amount as imposed by the learned trial Court. 5. In case the appellants are found involved in committing and repeating the same offence again, the State/Public Prosecutor would be at liberty to move application for cancellation of bail. 7. 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 relating to the 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. Such Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 8. In case the said accused-appellants do not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/22-23