[2025:RJ-JP:22240] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 950/2025 In S.B. Criminal Appeal No. 1252/2025 Rajesh Son Of Ramswaroop, Aged About 23 Years, Ro Arniyamal Ps Mehandwas District Tonk (Rajasthan) (At Present In District Jail, Tonk) ----Petitioner Versus The State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Narendra Singh Choudhary Mr. Nikhil Pal Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/05/2025 1. The instant application for suspension of sentence is preferred by appellant - Rajesh Son Of Ramswaroop in pending appeal filed aggrieved from order of conviction and sentence dated 29.04.2025 in Sessions Case (CIS) No.37/2019 passed by learned Sessions Judge, Tonk whereby appellant was convicted for offence under Sections 452, 323, 324, 307 IPC and Section 4/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is an innocent person and he was falsely implicated in the instant case. He further relying upon grounds of appeal submitted that the daughter of complainant want to marry appellant and after [2025:RJ-JP:22240] (2 of 5) [SOSA-950/2025] hatching a conspiracy the complainant has assaulted Monika and her mother and also administered poison in tea to appellant and to cover his act, instant case wasregistered against appellant. He also submitted that mother of Monika has turned hostile and not supported the case of prosecution. He also submitted that three eye witnesses also turned hostile and have not supported the case of prosecution. He also submitted that medial was prepared after 18 days of incident. He further submitted that appellant was on bail during trial and appellant was sentenced to undergo sentence of 5 years whereas appellant has served more than 2 years 8 months. At last, he submitted that disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted criminal antecedents and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of parchabayan, Ex.P-16 filed by PW-11 Shankar Lal, FIR No. 54/2019 at P.S. Mehandwas, Dist. Tonk on 11.03.2019 under Sections 307, 452 and 323 IPC. After investigation, police has filed charge-sheet against appellant. After framing charge, prosecution has examined 19 witnesses and exhibited 45 documents and 11 articles. The accused was examined under Section 313 Cr.P.C. but he has examined himself as DW-1. Learned trial court has convicted appellant under Sections 452, 323, 324, 307 IPC and 4/25 of Arms Act. The maximum sentence awarded to appellant is 5 years. [2025:RJ-JP:22240] (3 of 5) [SOSA-950/2025] 6. We have considered statement of PW-7 Monika, who named appellant for assault committed on 11.03.2019 by knife. We have considered her cross-examination. The mother of PW-7 is examined as PW-8 and she has turned hostile. We have also considered statement of PW-11 Shankakr Lal, father of injured and complainant along with statement of PW-12 sister of injured. The medical examination was conducted by PW-1 Dr. Ravi Kumar, PW-2 Dr. Balram, PW-6 Dr. Nisarg and PW-9 Dr. Anil Sharma and we have considered all these statements. Also considered the statement of IO PW-18 (Satya Narayan). 7. The appellant was released on bail in pursuant to order dated 27.09.2021 in third bail application No.14797/2021 by a Co- ordinate Bench of this Court. The appellant has already undergone more than 2 years 7 months and 15 days against awarded sentence of 5 years. 8. In repolicy strategy of grant of bail SMWP (Criminal) No.04/2021 (order dated 08.05.2025) while considering the judgments in case of Bhagwam Rama Shinde Gosai And Ors vs State Of Gujarat (1999) 4 SCC 421, NCB Vs. Lakhwinder Singh 2025 SCC Online SC 366 and Atul vs The State Of Madhya Pradesh (2024) 3 SCC 363 Hon’ble Supreme Court has observed that when there is a fixed period of sentence, normally the power of suspension of sentence under Section 389 Cr.P.C. should be exercised liberally, unless there are exceptional circumstances brought on record. 9. Having considered the fact that appellant has already served more than 50 percent of sentence awarded to appellant and [2025:RJ-JP:22240] (4 of 5) [SOSA-950/2025] disposal of appeal will take its own time, it is a fit case to enlarge appellant on bail. 10. 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-Rajesh Son Of Ramswaroop 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 10.09.2025 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 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. 11. Misc. Application stands disposed of. [2025:RJ-JP:22240] (5 of 5) [SOSA-950/2025] 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /37