[2025:RJ-JP:27116-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1080/2025 Khairuram Son Of Gajraj, Aged About 45 Years, Resident Of Garh, Police Station Badarwas District Shivpuri (Madhya Pradesh) (At Present Confined In District Jail Baran) ----Applicant Versus State Of Rajasthan, Through P.p ----Respondent For Applicant(s) : Mr. Rahul Tiwari For Respondent(s) : Mr. Rajesh Choudhary,GA-cum-AAG with Mr. Aman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 21/07/2025 1. Heard on application for suspension of sentence. 2. Learned counsel for the applicant submits that the applicant was innocent and falsely implicated in this case. He has further submitted that from the perusal of the statement of PW5- Prakash Rao Shinday, it has established that the applicant has not demanded any money and he was given responsibility of searching the Manoj, no extortion money was given to him and the money was given for carrying on the search. He has also submitted that the applicant has been convicted for the offences under Section 420, 406 & 120B IPC for which maximum punishment of five years rigorous imprisonment has been awarded to him. He also submitted that the applicant was on bail during trial and hearing [2025:RJ-JP:27116-DB] (2 of 3) [SOSA-1080/2025] of the appeal is likely to consume sufficient time. He, therefore, prays that sentence awarded to the applicant may be suspended and he may be released on bail. 3. Learned GA-cum-AAG has opposed the application for suspension of sentence and submit that applicant was also involved in the crime along with the main accused. 4. Having regard to the facts and circumstances of the case and looking to the fact that maximum sentence awarded to the applicant and he was on bail during trial. 5. Accordingly, instant application for suspension of sentence filed by the accused-applicant under Section 430 of B.N.S.S., 2023 is allowed and it is ordered that sentence awarded by the Additional District & Session Judge No. 2, Baran, Rajasthan vide judgment and order dated 20.05.2025 in Sessions Case No. 78/2017 (CIS No.30/2017) against accused-applicant-Khairuram Son Of Gajraj shall remain suspended till final disposal of aforesaid appeal 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 trial Judge for his appearance in this court on 21.08.2025 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:- 1. After release of the accused-applicant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, instant 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 changes 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:27116-DB] (3 of 3) [SOSA-1080/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J Anu /7