[2025:RJ-JP:16371] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 204/2025 In S.B. Criminal Appeal No.254/2025 Nathulal S/o Shri Pratap, Aged 45 Years, Resident Of Village Deratu Police Station Nasirabad Sadar District Ajmer (Presently Appellant Confined In Central Jail At Ajmer) ----Accused-Appellant Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma For Respondent(s) : Mr. Devi Singh, P.P. with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/04/2025 1. The instant SOS application is preferred by appellant- accused, Nathulal S/o Shri Pratap in pending appeal filed aggrieved from judgment of conviction and sentence dated 10.01.2025 in Sessions Case No.67/2018 (69/2015) passed by learned Additional Sessions Judge, Nasirabad, District Ajmer, whereby, the appellant-accused, Nathulal S/o Shri Pratap was convicted and sentenced under Sections 447, 341, 323, 324, 325 and 307 read with Section 34 IPC. 2. Learned counsel for the appellant submits that the appellant is an innocent person and he is falsely implicated by prosecution. He also submits that the injury caused by sharp edged weapon [2025:RJ-JP:16371] (2 of 4) [SOSA-204/2025] was attributed to Rahul and not upon present appellant- Nathulal. He also submits that the maximum allegation against the appellant is use of criminal force by hands and not by any weapon. He also submits that during investigation, police has not recovered any sharp edged weapon from the appellant. At last, he submits that appellant-accused was on bail during trial and he has not misused liberty granted to him and disposal of appeal will take its own time. 3. The aforesaid contentions were opposed by learned Public Prosecutor and he submitted that custody certificate and same is taken on record. 4. Heard the learned counsel for the appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report dated 15.07.2014 submitted by injured Smt. Bhagwati for assault by Shravan, Nathu, Kalu, Rahul and Chandrakanta, FIR No.243/2014 under Sections 307, 143, 447, 341 IPC was registered at Police Station Nasirabad Sadar, District Ajmer. After investigation, police has filed charge sheet against Nathulal and Rahul @ Kalu under Section 447, 341 323, 324, 325 307 and 34 IPC. During trial accused Rahul @ Kalu has expired and the proceedings abated against him. After framing charge, prosecution has examined eight witnesses and exhibited fourteen documents. Accused was examined under Section 313 Cr.P.C. and after considering the material, the appellant accused was convicted and sentenced by the trial Court. The maximum punishment awarded is seven years under Section 307 IPC. [2025:RJ-JP:16371] (3 of 4) [SOSA-204/2025] 6. A perusal of material on record indicates that injury No.1 to 4 were found simple in nature, whereas injury No.5 is grievous in nature which is not on vital part. 7. Having gone through the statements of injured P.W.-2 and medical jurist P.W.-8 Dr. Dhirendra Kumar Sharma and also considered their cross-examination. The appellant is on bail during trial. 8. At this stage, it is not possible for us to express any opinion on the merits of the case, but it is appropriate to allow SOS application. 9. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Nathulal S/o Shri Pratap is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 29.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant changes the place of residence, he will give in writing his changed [2025:RJ-JP:16371] (4 of 4) [SOSA-204/2025] 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. 10. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J GAURAV KUMAR /38