[2025:RJ-JP:16034] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2111/2024 in S.B. Criminal Appeal No. 3056/2024 Suraj S/o Rajkumar, Aged About 26 Years, R/o Village Udaipur Kalan, Police Station Kheda Rathore, Tehsil Vha, District Agra Uttar Pradesh At Present 51/4, Gandhinagar, Near Railway Line Etawah, Police Station Friends Colony, Etawah And Vikas Colony Bhag 3 Pakka Bag, Etawah, Police Station Ekdil District Etawah (U.p) (At Present In District Jail Dausa) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1906/2024 in S.B. Criminal Appeal No. 2827/2024 Shivam S/o Ranvijay Singh, Aged About 25 Years, R/o House No. 524, Punjabi Karamganj Etawah, Police Station Friends Colony Etawah District Etawah (U.p) (At Present In Sub Jail Bandikui) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Umesh Vyas Mr. Ayush Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/04/2025 [2025:RJ-JP:16034] (2 of 4) [SOSA-2111/2024] 1. These applications for suspension of sentence were preferred by appellant-accused Suraj S/o Rajkumar and Shivam S/o Ranvijay Singh in pending appeals, filed aggrieved from judgment of conviction and sentence dated 19.10.2024 in Sessions Case (BT) No. 54/2021 (33/2019), wherein the applicants-accused Suraj S/o Rajkumar and Shivam S/o Ranvijay Singh were convicted under Sections 379, 328 and 120-B of IPC. 2. Learned counsel for the appellants-accused while placing reliance upon ground of appeal submits that appellants-accused are innocent and they were falsely implicated by police. He further submits that there was a delay of 2 days in reporting the matter to the police and only on basis of call details, the Investigating Officer PW-6 has arrayed them as accused. He further submits that the admission of PW-1 itself makes it clear that no external substance was added while administering the cold drink to PW-1. He also referred the shabby investigation and also pointed out that without ensuring role of present appellants-accused they were arrayed as a party. He also referred the evidence on record and submits that on same evidence, main accused Pawan Kumar was acquitted by learned Trial Court. At last, he submits that the appellants-accused were on bail during trial and they have not misused the liberty granted to them. 3. Aforesaid contentions were opposed by learned Public Prosecutor. Learned Public Prosecutor has submitted that there is no criminal antecedents against both the appellants-accused. 4. Heard learned counsel for appellants-accused and learned Public Prosecutor. Perused the record. [2025:RJ-JP:16034] (3 of 4) [SOSA-2111/2024] 5. On the basis of written complaint filed by PW-1, FIR No. 132/2019 was registered at Police Station, Mehandipur Balaji, District Dausa on 18.07.2019. After investigation, police has filed charge-sheet under Sections 379, 328 and 120-B of IPC. During trial, the prosecution has examined 9 witnesses and produced 30 documents (Ex. P.1 to Ex. P.30). The accused were examined under Section 313 Cr.P.C. wherein they opt not to submit any defence witness. The Trial Court has convicted both the accused under Sections 379, 328, 120-B-IPC, but acquitted Pawan Kumar @ Shanu. 6. We have gone through the statement of PW-1, victim and also PW-6, Investigating Officer. Also considered the cross- examination of both the witnesses particularly about role and involvement of the appellants-accused in the said incident. At this stage, it is not possible for us to express any opinion on merits of the case but it is on record that both accused were released on bail prior to acceptance of bail of accused Pawan Kumar. 7. In view of discussion made hereinabove, the suspension of sentence applications are hereby allowed and it is ordered that sentence of appellants-applicant accused Suraj S/o Rajkumar and Shivam S/o Ranvijay Singh is suspended till disposal of appeal with the condition that each of them 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 25.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:16034] (4 of 4) [SOSA-2111/2024] 1. That the appellants-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellants will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellants change 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(s), they will give in writing their changed address to the trial Court. 8. In case, of breach of any condition, the order of suspension of sentence shall be recalled and cancelled. 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 MONU /22-23