HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.501/2024 In S.B. Criminal Appeal (SB) No.602/2024 Kapoor Gurjer S/o Lakhiram, Aged About 40 Years, Resident Of Bhadouli Police Station Balghat District Karauli. (At Present Accused In Central Jail Dausa) ----Appellant Versus State Of Rajasthan, through Public Prosecutor ----Respondent For Appellant(s) : Ms. Meenakshi Pareek For Respondent(s) : Mr. Amit Punia, Addl.GC-cum-PP JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Counsel for the applicant-appellant submits that the applicant has been held guilty for the offences punishable under Section 307 IPC and Section 3/25 of the Arms Act and the maximum sentence awarded to the applicant is five years and out of which he has already served more than four years and six months. Counsel submits that hearing and disposal of the appeal is bound to take time, so the sentence of the applicant-appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the prayer and submitted that the applicant is a habitual offender and is committing & repeating the offence again and again, (2 of 3) [CRLAS-602/2024] hence, under these circumstances, applicant is not entitled to get benefit of suspension of sentence. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Perusal of the report furnished by the Public Prosecutor indicates that prior to registration of the instant criminal case against the petitioner in the year 2021, the last offence committed by the petitioner was in the year 2009 and thereafter, no criminal case has been registered against him after 2009 till 2021. 5. Considering the arguments put forward by the counsel for the applicant-appellant and overall facts & circumstances of the case and looking to the fact that the total sentence awarded to the applicant is five years and out of which, he has already served more than four years and six months and disposal of the appeal is bound to take time, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-applicant. 6. 6. 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.1, Hindaun City, District Karauli vide judgment dated 15.02.2024 in Sessions Case No.108/2021 against the applicant-Kapoor Gurjer S/o Lakhiram shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the applicant 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 (3 of 3) [CRLAS-602/2024] Rs.50,000/- each to the satisfaction of the learned Trial Court for appearance before 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 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. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Applicant shall deposit a fine amount as imposed by the learned trial Court. 5. In case, in future the applicant-appellant is found involved in committing and repeating the same offence again, the Public Prosecutor/State would be at liberty to move application for cancellation of bail in this appeal. 7. The learned Trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to 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. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellant does 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 KuD/10