[2025:RJ-JP:1159] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application No. 8/2025 In Re: S.B. Criminal Appeal No.3135/2024 Girraj Son Of Galiya, R/o Naugaon (Wodan Ki Dhani) Police Station Sadar Gangapur City (At Present Confined At Central Jail, Bharatpur) ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Sanjay Sharma For Respondent(s) : Mr. V.S. Yadav, PP Mr. B.K. Bhardwaj, for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 08/01/2025 1. The accused appellant has preferred this application for suspension of sentence u/S 430 of BNSS in regard to the judgment dated 13.11.2024, passed by the Court of learned Addl. Sessions Judge No.1, Gangapur City in Sessions Case No.34/2013 CIS No. 217/2014, whereby the accused appellant was convicted for offences u/S 148, 323/149, 307/149 IPC and was sentenced to undergo seven years’ simple imprisonment and fine. 2. The criminal appeal has already been admitted for hearing and final disposal of the appeal may take considerable time. 3. Heard. [2025:RJ-JP:1159] (2 of 3) [SOSA-8/2025] 4. Considered the submissions made at bar and also perused the record. 5. As per the submissions made by learned counsel for the accused appellant, the accused appellant was on bail during trial and he did not misuse the liberty of bail in any manner. Counsel further submitted that the accused appellant was convicted for offence u/S 307 read with Section 149 IPC and the learned trial Court did not appreciate the evidence in proper manner and convicted him on the basis of surmises and conjunctures. Counsel further submitted that application for suspension of sentence of co-accused namely Sunder, Bane Singh, Ganesh, Smt. Kailashi, Smt. Manbhar & Smt. Kamleshi has already been allowed vide order dated 17.12.2024. 6. It has also come on record that there are cross cases registered between the accused appellant and the complainant party and the complainant party has also been convicted for offence u/S 323/149 & 325/149 IPC in the cross case. 7. Considering the submissions made by learned counsel for the accused appellant so also considering the findings of the trial Court in light of the material available on record before it and more particularly the fact that the complainant party has also been convicted in the cross case, this Court feels that this is a fit case to suspend the sentence awarded to the accused appellant. 8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused appellant namely-Girraj in Session Case No. 34/2013 CIS No.217/2014 shall remain suspended provided that he furnishes a persons bond in the sum of Rs.1,00,000/- (Rupees One Lac only) [2025:RJ-JP:1159] (3 of 3) [SOSA-8/2025] together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appeal before the Registrar (Judicial) on 17.01.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:- i) After release of the accused appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. ii) He will appear before the trial Court in the month of January of every year till the appeal is decided. iii) If the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as the counsel in the High Court. iv) Similarly, if the sureties change their address, they will give in writing their changed addresses to the trial Court. 9. A copy of this order be sent to the learned trial Court through e-mail. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /112