[2025:RJ-JP:25785] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 2439/2024 in S.B. Criminal Appeal No. 3413/2024 Ranjeet Singh Son Of Amarsingh, Aged About 35 Years, Resident Of Tisai Police Station Dag District Jhalawar (At Present Accused Appellant Confined In District Jail, Jhalawar) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi Mr. Lakhan Singh Jadoun For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/07/2025 1. The instant application for suspension of sentence is preferred by appellant - Ranjeet Singh Son Of Amarsingh in pending appeal filed aggrieved from order of conviction and sentence dated 12.12.2024 in Sessions Case No. 33/2020 passed by learned Special Judge, SC/ST (POA) Act cases, Jhalawar whereby appellant was convicted for offence under Sections 341, 326 IPC and maximum sentence awarded is seven years. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated by complainant. He further submitted that there is a previous animosity on record and due to animosity this [2025:RJ-JP:25785] (2 of 4) [SOSA-2439/2024] appellant was framed by complainant. He further submitted that there is no medical record to suggest amputation or loss of hearing to injured. He further submitted that the prosecution has failed to prove any injury from medical evidence. He further submitted that the injuries are simple in nature and opinion of PW-7 Dr. Ramawtar is not binding as he is not an expert. He also referred cross-examination of injured PW-1 Vikram and submitted that the trial court has ignored the material on record and drawn an erroneous conclusion. At last, he submitted that appellant accused was on bail and sentence awarded is seven years and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with intimation to complainant injured and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of Parchabayaan of PW-1 Vikram about assault by appellant accused with a sharp edged sword FIR no. 71/2020 was registered at P.S. Dag, District Jhalawar and after investigation a charge-sheet was filed against the appellant accused. After framing charge, prosecution has examined 8 witnesses and exhibited 11 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. After conviction under Sections 341 and 326 IPC the maximum sentence awarded is seven years. This appellant accused was released on bail in pursuant to order dated 03.09.2020 in criminal appeal no. 1178/2020 passed by a Co- [2025:RJ-JP:25785] (3 of 4) [SOSA-2439/2024] ordinate Bench of this Court. The disposal of appeal will take its own time. 6. We have considered evidence of PW-1 Vikram and PW-7 Dr. Ramawtar and also perused the injury report Ex. P/10 and X-ray report Ex. P/11. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case and having considered the material available on record, it is a fit case to enlarge 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- Ranjeet Singh Son Of Amarsingh 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 31.10.2025 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 [2025:RJ-JP:25785] (4 of 4) [SOSA-2439/2024] address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 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 CHETNA BEHRANI /83