HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Criminal Misc. Suspension of Sentence Application No.1656/2025 in S.B. Criminal Appeal No. 2198/2025 Kamlesh Kumar Alias Kamal S/o Jagdish, Aged About 29 Years, R/o Sarvar Police Station Pirawa Hal Bhawanimandi District Jhalawar Raj (At Present Accused Appellant No. 2 Confined In Central Jail Kota) ----Appellants Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent Connected With S.B.Criminal Misc. Suspension of Sentence Application No.1655/2025 in S.B. Criminal Appeal (Sb) No. 2250/2025 Pappulal Son Of Bherulal, Aged About 37 Years, Resident Of Bhandavat Road Jeerapur, Police Station Jeerapur (M.p.) At Present-Vrindavan, District Mathura (U.p.) (At Present In District Jail, Jhalawar) ----Appellant Versus State Of Rajasthan, Through P.p. ----Respondent For Appellant(s) : Mr.A.K. Gupta, Sr.Adv. with Mr.Rinesh Gupta (In CRL.A.S.2250/2025) Mr.Dushyant Singh Naruka (In CRL.A.S.2198/2025) For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order (2 of 4) [CRLAS-2198/2025] 07/10/2025 1. Learned counsel for the appellants conjointly submit that initially the case was registered under Section 302 IPC and the appellants were charge-sheeted for the above offence as well, but during the course of trial, it was found that the offence under Section 302 IPC is not made out against the appellants. Looking to the injuries sustained by the deceased they were found to be simple in nature. Counsel submits that looking to the injuries sustained by the deceased and the medical opinion available on record, the applicants-appellants have been found guilty for the offence punishable under Section 304 Part-II IPC and they have been sentenced to undergo five years imprisonment. 2. Counsel submits that the appellants are in custody since the date of judgment and the instant appeals are bound to take their own time, therefore, the sentence awarded to the appellants by the Trial Court be suspended till disposal of the appeal. 3. Per contra, learned Public Prosecutor has opposed the suspension of sentence application 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by the counsel for the appellants and looking to the fact that after trial, the involvement of the appellants has not been made out for the offences punishable under Section 302 IPC and they have been acquitted from the aforesaid charge and looking to the simple injuries sustained by the deceased, they have been convicted under Section 304 Part-II IPC and sentenced to undergo five years sentence. (3 of 4) [CRLAS-2198/2025] 6. Looking to the fact that the appellants were on bail during the course of trial and the disposal of the instant appeals is likely to take time, therefore, this Court deems it just and proper to suspend the substantive sentence awarded to the accused- appellant. 7. Accordingly, both the applications for suspension of sentence filed by the applicants are allowed and the sentence awarded by the Court of Sessions Judge, Jhalawar, vide judgment dated 30.07.2025 in Sessions Case No.24/2020 against the appellants Kamlesh Kumar Alias Kamal S/o Jagdish & Pappulal S/o Bherulal shall remain suspended till final disposal of the aforesaid appeals and subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail provided both of them execute a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for their appearance before this Court on 07.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That they shall appear before the Trial Court in the month of January of every year till the appeals are decided. 2. That if the appellants change their place of residence, they will give in writing their changed address 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 the fine amount as imposed by the learned Trial Court. (4 of 4) [CRLAS-2198/2025] 8. The learned Trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants were 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 accused-appellants do 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 Aayush Sharma /25-26