HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.2054/2025 In S.B. Criminal Appeal (SB) No.2732/2025 Moj Khan Son Of Jassu Khan, Resident Of Bada Bas Tan Raghunathpura Colony, Police Station Nogava, District Alwar (Raj.) ----Appellant Versus State Of Rajasthan, Through PP ----Respondent For Appellant(s) : Mr. Aslam S. Khan For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GA/PP JUSTICE ANOOP KUMAR DHAND Order 14/10/2025 1. Counsel for the appellant submits that the appellant has been found guilty for the offence punishable under Section 4/25 of the Arms Act and maximum sentence awarded to the appellant is one year, which has already been suspended by the Trial Court. Counsel submits that the appellant was on bail during the course of trial and disposal of the appeal is bound to take time, so the sentence awarded to the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the prayer. 3. Heard and considered the submissions made at Bar and perused the material available on record. (2 of 3) [CRLAS-2732/2025] 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is one year, which has already been suspended by the Trial Court and the appellant was on bail during the course of trial and looking to the fact that disposal of the appeal is 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-appellant. 5. Accordingly, the application for suspension of sentence filed by the applicant is allowed and the sentence awarded by the Court of Additional Sessions Judge No.2, Alwar vide judgment dated 25.09.2025 in Sessions Case No.37/2024 against the appellant-Moj Khan son of Jassu Khan shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes 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:- 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court. (3 of 3) [CRLAS-2732/2025] 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. 5. In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was 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. 7. In case the said accused-appellant does 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/27