HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1576/2025 in S.B. Criminal Appeal (Sb) No. 2148/2025 1. Shamsher S/o Jagdish Singh, R/o Gurgachka, Police Station Kotkasim, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar) 2. Pyarelal S/o Rameshwardayal, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). 3. Virendra Singh S/o Shriram, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). 4. Mahendra Kumar @ Mangiram S/o Hanuman Singh, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). 5. Anil Kumar S/o Ashok Kumar, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). 6. Satveer S/o Chiranjilal, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). 7. Ashok Kumar S/o Rawatiya, Resident Of Nayagaon, Police Station Mundawar, District Alwar, Rajasthan. (Presently Confined In Central Jail Alwar). ----Appellants Versus State of Rajasthan, through Public Prosecutor. ----Respondent For Appellant(s) : Mr.Kapil Gupta with Mr.Kuldeep Yadav Mr.Dharmendra Kumar For Respondent(s) : Mr.Umesh Dixit Mr.Amit Punia, Addl.GA-cum-PP (2 of 4) [CRLAS-2148/2025] JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Learned counsel for the accused-appellants submits that the appellants have been found guilty for the offence punishable under Sections 148, 323, 341 & 325 of IPC read with Sections 149 & 307 of IPC and they have been sentenced to undergo 7 years imprisonment with fine. 2. Counsel submits that both appellants and the complainant are neighbours and on account of a dispute with regard to sound and music of DJ system on the festival of Holi, the incident has occurred at the spur of the moment and cross cases have been registered between the parties. Counsel submits that the appellants were on bail during the course of trial and during pendency of the instant appeal, a compromise has taken place between them, now, the complainant side does not want to prosecute the appellants and the disposal of the appeal is bound to take time, therefore, the sentence awarded to the appellants be suspended till final disposal of the appeal. 3. Per contra, learned Public Prosecutor has opposed the prayer, but counsel appearing on behalf of the complainant has accepted the factum of compromise settled between the parties and submits that he has no objection, in case, the sentence awarded to the appellants is suspended till final disposal of the appeal. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by counsel for the appellants as well as by counsel appearing on behalf of the (3 of 4) [CRLAS-2148/2025] complainant and looking to the fact that the appellants were on bail during the course of trial and after conviction, their family members have settled the dispute by entering into a compromise and the fact that the disposal of the appeal is likely to take time, hence, this Court deems it just and proper to suspend the sentence awarded to the accused-appellants till final disposal of the appeal. 6. 6. Accordingly, the application for suspension of sentence filed by the appellants is allowed and the sentence awarded by the Court of Additional District and Sessions Judge, Mundawar, District Khairthal-Tijara vide judgment dated 31.07.2025 in Sessions Case No.66/2018 (19/2013) against the appellants Shamsher S/o Jagdish Singh, Pyarelal S/o Rameshwardayal, Virendra Singh S/o Shriram, Mahendra Kumar @ Mangiram S/o Hanuman Singh, Anil Kumar S/o Ashok Kumar, Satveer S/o Chiranjilal & Ashok Kumar S/o Rawatiya shall remain suspended till final disposal of the aforesaid appeal, 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 each of them execute a personal bond in the sum of Rs.1,00,000/- with two sureties of 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 they shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants change the place of residence and mobile number, they will give in writing their (4 of 4) [CRLAS-2148/2025] 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. Appellants shall deposit a fine amount as imposed by the learned trial Court. 7. 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 the 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 said 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. 8. The original compromise has been furnished by counsel appearing on behalf of the appellants for perusal of the Court and the same is ordered to be taken on record. (ANOOP KUMAR DHAND),J Aayush Sharma /23