[2025:RJ-JP:18687] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 706/2025 In S.B. Criminal Appeal No.851/2025 Sanni Parihar S/o Ambalal Parihar, R/o Bihari Pole Water Tank, Near Gandhi School Kishangarh City District Ajmer (At Present Confined In Central Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Devanshu Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Sanni Parihar S/o Ambalal Parihar in pending appeal and aggrieved from order of conviction and sentence dated 18.03.2025 in Sessions Case No.53/2021 passed by learned Additional Sessions Judge No.1, Kishangarh, Ajmer whereby appellant was convicted for offence under Sections 323 and 325 IPC and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is an innocent person and he was falsely implicated by complainant. He further submitted that the accused was tried for offence under Sections 458, 459, 323 and 325 IPC but he was acquitted from charge under Sections 458 and 459 IPC and convicted only under [2025:RJ-JP:18687] (2 of 4) [SOSA-706/2025] Section 325 IPC. He further submitted that this appellant was on bail during trial and he has not misused liberty granted to them. He referred statement of injured PW-1 and submitted that no intentional assault was made by present appellant. He further submitted that the rod was not recovered from possession of appellant rather rod was submitted by injured. He further submitted that learned trial court has ignored discrepancies and material contradictions while convicting appellant. At last, he submitted that disposal of appeal will take its own time. 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, submitted by PW-1 Bhupendra Kumawat about assault in the night of 02.07.2021, FIR No.179/2021 was registered under Section 458 IPC. After investigation, police has filed charge-sheet against appellant. Learned trial court after framing the charge under Sections 458, 459, 323 and 325 IPC has recorded statement of 11 witnesses and exhibited 14 documents. Accused was examined under Section 313 Cr.P.C. and he opted not to submit any defence evidence. The appellant was acquitted from charge under Sections 458 and 459 IPC but convicted under Sections 323 and 325 IPC. The maximum sentence awarded to appellant is 4 years. We have considered statement of PW-1 injured and also PW-11 Dr. Manoj Swami and PW-10 Tulcharan. Appellant was on bail during trial. Three other criminal cases were registered against appellant and in one of the [2025:RJ-JP:18687] (3 of 4) [SOSA-706/2025] case, he was already acquitted whereas in another case, he was convicted and fined. Third case is still pending before learned trial court, relating to offence under Section 457 and 380 IPC. 6. At this stage, it is not possible for us to express any opinion on merits of the case but looking to facts and circumstances of the case, it is appropriate to release appellant on bail. 7. 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-Sanni Parihar S/o Ambalal Parihar 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 12.08.2025 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 address to the trial Court as well as to the counsel in the High Court. [2025:RJ-JP:18687] (4 of 4) [SOSA-706/2025] 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 PREETI VALECHA /66