HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2333/2024 In S.B. Criminal Appeal No.3303/2024 Ashok Sansi @ Toni Son Of Madan Lal Sansi, Aged About 21 Years, R/o Nimeda Police Station Ranoli District Sikar (Accused Appellant Is Confined In Central Jail, Bikaner) ----Petitioner Versus State Of Rajashtan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Dudi For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GC/PP JUSTICE ANOOP KUMAR DHAND Order 15/10/2025 1. Counsel for the appellant submits that co-accused persons namely Jitendra and Sunil faced trial for the offences punishable under Sections 376-D, 323, 365 and 120-B IPC, but they have acquitted from all the charges, but the petitioner has held guilty for the offence punishable under Section 365 IPC and sentenced to undergo seven years imprisonment. Counsel submits that on the basis of the suggestions given to the witnesses, the Trial Court has recorded a finding of fact that the petitioner was present on the spot and has witnessed the incident committed by the co-accused persons with the victim. Counsel submits that once, the main accused persons have been acquitted from the major offences, no offence is made out against the (2 of 3) [SOSA-2333/2024] appellant. Counsel submits that the appellant was on bail during the course of trial and he is in custody since the date of judgment and disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that the main accused Prakash Punia, Ashok, Kana Ram and Prakash Balai have been acquitted from all the charges, but the petitioner has been convicted for the offence punishable under Section 365 IPC and he 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.1, Sikar vide judgment dated 20.11.2024 in Sessions Case No.37/2020 against the appellant-Ashok Sansi @ Toni Son Of Madan Lal Sansi 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 (3 of 3) [SOSA-2333/2024] 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. 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/158