[2025:RJ-JP:41712] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 2028/2025 In S.B. Criminal Appeal No.1707/2025 Yusuf Khan S/o Abdul Majeed, Aged About 25 Years, R/o New Basti Lohakhan, Tempo Stand, Ajmer. (At Present The Accused Appellant Is Confined In The District Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Ajay Kumar Natawaria through VC Mr. Amit Kumar Gupta, PP with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/10/2025 1. Instant 2nd application for suspension of sentence is preferred by applicant-accused Yusuf Khan S/o Abdul Majeed in pending appeal filed aggrieved from order of conviction and sentence dated 23.06.2025 in Sessions Case No.10/2013 passed by learned Additional Sessions Judge No.2, Ajmer, whereby applicant-accused Yusuf was convicted for offence under Sections 307, 341/34, 323/34, 452/34 IPC and sentenced accordingly. 2. First SOS application was dismissed as withdrawn on 01.08.2025. 3. This Court has allowed SOS applications of Ali Mohammad by order dated 01.08.2025 and to Majeed Khan and Sattar Khan on 03.07.2025. [2025:RJ-JP:41712] (2 of 3) [SOSA-2028/2025] 4. Learned counsel for applicant-accused submits that applicant-accused is convicted under Section 307 IPC as allegation of assault by knife is upon present applicant. He further submits that there is only one injury and evidence of PW-19 (Dr. Matadeen Meena) and PW-20 a (Dr. U.S. Parihar) clearly indicate that said injury is not dangerous to life. He submits that the injury is 2.5x1 cm and the knife, which was used is not an automatic weapon. He also submits that present applicant was on bail during trial and the evidence clearly suggest that present applicant is in custody since his arrest on 23.06.2025. He also submits that the maximum sentence awarded to present applicant is 7 years and disposal of appeal will take its own time. At last, he submits that looking to age of present applicant, with no criminal antecedents, he is entitled to be released on bail. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant while referring Ex.P-18 has submitted that the allegation of injury is upon present applicant and the evidence clearly indicate that the injury was dangerous to life. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report dated 28.08.2013 lodged by complainant PW-3 Noor Mohammad, F.I.R. No. 367/2013 was registered at PS Civil Lines, Ajmer. After investigation, police has filed a charge sheet against Yusuf and Ali under Sections 341, 323, 452, and 307 IPC. Two more accused were added under Section 319 of Cr.P.C. After framing the charge, the prosecution has examined 20 witnesses and exhibited 25 documents. The [2025:RJ-JP:41712] (3 of 3) [SOSA-2028/2025] accused were examined under section 313 CrPC and the accused have not submitted any defence evidence but exhibited 9 documents. 8. This Court has allowed SOS application of Majeed Khan and Sattar Khan on 03.07.2025 as they were added as an accused under Section 319 of Cr.P.C. and not forwarded by police to face trial, whereas accused Ali Mohammad was granted bail by this Court on 01.08.2025 as he has been found guilty under Section 307/34 IPC. Present applicant Yusuf Khan is main accused and he has been found guilty under Section 307 IPC. The recovery of knife is from possession of present applicant. 9. The surgical note Ex.P18 clearly reflected that after injury when abdomen was opened then 3 ltr. of clotted blood was found in peritoneal cavity, which has been removed and the stabbed track clearly indicate that it was as deep 3-4x2 cm with vein forced deep. 10. The injury itself indicate the penetrative injury, which was caused by present applicant-accused by sharp edged weapon. The allegation is upon present applicant-accused and not upon anybody else, therefore, considering the material available on record, this is not a fit case to enlarge petitioner on bail. 11. In view of discussion made hereinabove, the instant 2nd SOS application preferred by Yusuf Khan S/o Abdul Majeed, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /10