[2025:RJ-JP:41483] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 4th Suspension Of Sentence Application (Appeal) No. 668/2025 In S.B. Criminal Appeal No.1155/2023 Suraj Kumar S/o Shri Shaukind, Aged About 18 Years, Residing At Village Gordha P.s. Sawar, District Ajmer (Presently Confined In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Nawab Ali Rathore For Respondent(s) : Mr. Amit Kumar Gupta, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/10/2025 1. The instant 4th application for suspension of sentence is filed by applicant-Suraj Kumar S/o Shri Shaukind in pending appeal aggrieved from the order of conviction and sentence dated 04.05.2023 passed by learned Additional District and Sessions Judge No.2, Kekri (Ajmer) in Criminal Case No.06/2022, whereby applicant was convicted under Sections 498-A, 304-B of IPC and further sentence to undergo rigorous imprisonment of 3 years, 7 years respectively. 2. First SOS application was dismissed by this Court on 01.06.2023, 2nd SOS application was dismissed by this Court on 17.10.2023 and 3rd SOS application was is dismissed by this Court on 08.05.2024 and now, 4th SOS application is preferred on grant of period of custody. [2025:RJ-JP:41483] (2 of 3) [SOSA-668/2025] 3. Learned counsel for applicant submits that applicant has already undergone more than 5 years against the awarded sentence of 7 years and there is no likelihood that the appeal may come up on Board for hearing. He submits that applicant is already undergone more than 70% of the sentence awarded by the Trial Court. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. Impugned order dated 04.05.2023 indicate that present application was convicted under Sections 498-A and 304-B of IPC and further he is awarded sentence of 3 years and 7 years respectively in each of the offence. As per custody certificate submitted by learned Public Prosecutor, the applicant has undergone more than 5 years, 5 months and 17 days. 7. On 08.05.2025 while considering Suo Moto Writ Petition (Criminal) No. 4/2021 in Re-policy Strategy for Grant of Bail, SMWP (Criminal) 4/2021, Hon’ble Supreme Court while considering judgments in case of Bhagwan Ram Shinde Gosai Vs. State of Gujarat (1999) 4 SCC 421, NCB Vs. Lakwinder Singh 2025 SCC Online SC 366 and Atul @ Ashutosh Vs. State of U.P. 2024 (3) SCC 663 has observed release of persons awarded fixed term sentence, should be considered. Herein, this case the applicant has served substantial part of sentence and the appeal requires consideration on merits. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be [2025:RJ-JP:41483] (3 of 3) [SOSA-668/2025] enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant-accused Suraj Kumar S/o Shri Shaukind, 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 15.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of applicant 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 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. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J GAURAV /06