[2025:RJ-JP:16769] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 453/2025 In S.B. Criminal Appeal No.552/2025 1. Sanjaypal S/o Late Mungaram, Aged About 37 Years, R/o Tajsar Police Station Sadar Fatehpur District Sikar Rajasthan (At Present Confined In Central Jail Bikaner) 2. Rajendra @ Gandhi S/o Birbal, Aged About 42 Years, R/o Tajsar Police Station Sadar Fatehpur District Sikar Rajasthan (At Present Confined In Central Jail Bikaner) ----Petitioners Versus State Of Rajastahan, Through P.p ----Respondent For Petitioner(s) : Mr. S.S. Ola For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Mukesh Bijrania HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/04/2025 1. The instant application for suspension of sentence is preferred by appellants-Sanjaypal S/o Late Mungaram and Rajendra @ Gandhi S/o Birbal aggrieved from order of conviction and sentence dated 18.02.2025 in Sessions Case (CIS) No.13/2018 passed by learned Additional Sessions Judge, Fatehpur, Sikar whereby appellants were convicted for offence under Section 307 IPC and sentenced accordingly. 2. Learned counsel for the appellants submitted that parties have entered into compromise before learned trial court and on [2025:RJ-JP:16769] (2 of 4) [SOSA-453/2025] the basis of compromise, both accused were acquitted from charge of offence under Sections 323, 341, 325 and 352 IPC. He also submitted that the entire case is concocted and no attribution of injury was made upon any of the appellants. He also referred the record and submitted that no criminal case is pending or registered against the appellants. He further submitted that the injuries sustained by injured does not fall within definition of dangerous to life therefore conviction under Section 307 IPC is bad in eye of law. At last, he submitted that appellants were on bail during trial and never misused the liberty granted to them. 3. Aforesaid contentions were opposed by learned Public Prosecutor and supported by learned counsel for respondent complainant. He submitted custody certificate and same is taken on record. Learned counsel for complainant acknowledged the compromise between the parties and have no objection, in case bail is allowed. As per learned Public Prosecutor, there is no criminal antecedents against the appellants. 4. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. 5. On the basis of written report Ex.P-4 filed by PW-2 Amita (wife of injured) about assault on 01.03.2017, FIR No.90/2017 was registered at P.S. Fatehpur, Sikar. After investigation, police has filed charge-sheet against Rajendra, Ishtehaq and Rahul under Sections 341, 342, 343, 345, 307/34 IPC. After framing charge total 18 witnesses were examined and 64 documents were exhibited by prosecution. The accused were examined under Section 313 Cr.P.C. wherein they opted not to submit any defence evidence. Four documents Ex.D-1 to D4 were exhibited in defence. [2025:RJ-JP:16769] (3 of 4) [SOSA-453/2025] 6. One of the accused appellants Rahul Swami declared as absconder on 07.08.2024 and case was disposed of with respect to Sanjaypal, Ishtehaq and Rajendra. Ishtehaq was acquitted by learned trial court. 7. A perusal of material available on record clearly indicated that the parties have entered into compromise and same was partially accepted by the trial court. Now the trial court has convicted accused Sanjaypal and Rajendra, therefore the appeal is filed. The offence under Sections 148 and 307 IPC are not compoundable. The petitioners were on bail during trial and disposal of appeal will take its own time. 8. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellants accused-Sanjaypal S/o Late Mungaram and Rajendra @ Gandhi S/o Birbal is suspended till disposal of appeal with the condition that each of them 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 their appearance in this court on 30.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:16769] (4 of 4) [SOSA-453/2025] 2. That they 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, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /28