[2025:RJ-JP:17682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 710/2025 In S.B. Criminal Appeal No.855/2025 1. Surjaram S/o Bhuraram, Aged About 45 Years, Resident Of Bhuranpura Jatan Police Station Chandwaji District Jaipur Rajasthan (At Present Both Accused Confined In Central Jail Jaipur) 2. Phoolchand S/o Bhuraram, Aged About 42 Years, Resident Of Bhuranpura Jatan Police Station Chandwaji District Jaipur Rajasthan (At Present Both Accused Confined In Central Jail Jaipur) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Shovit Jhajharia For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/04/2025 1. The instant application for suspension of sentence is preferred by appellants-Surjaram S/o Bhuraram and Phoolchand S/o Bhuraram aggrieved from order of conviction and sentence dated 24.03.2025 in Sessions Case No.12/2016 passed by learned Additional Sessions Judge No.1, Jaipur whereby appellants were convicted for offence under Sections 341, 323/34 and 307/34 IPC and sentenced accordingly. [2025:RJ-JP:17682] (2 of 4) [SOSA-710/2025] 2. Learned counsel for the appellants while placing reliance upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated by complainant party due to land dispute between them. He also referred cross-case between the parties and submitted that learned trial court has also convicted accused in cross-case. He also submitted that these appellants were on bail during trial and never misused the liberty granted to them. He also referred the evidence and previous litigation between the parties and submitted that accused party have succeeded in property litigation and as a result, assault was committed by complainant party. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with report received from concerned police station and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex.P-10 dated 06.07.2016 submitted by PW-1 Suvalal FIR No.263/2016 was registered at P.S. Chandwaji under Sections 343, 341, 323 and 447 IPC and after investigation police has filed charge-sheet against all persons under Sections 323, 341, 447 and 307/34 IPC. During trial prosecution has examined 14 witnesses and exhibited 21 documents. Accused were examined under Section 313 Cr.P.C. and they have not submitted any defence evidence. 7 documents were exhibited in defence. The trial court has convicted appellant Surjaram and Phoolchand under Sections 307/34, 341, 323/34 but [2025:RJ-JP:17682] (3 of 4) [SOSA-710/2025] acquitted Heera Devi and Chitri Devi. The maximum sentence is five years under Section 307/34 IPC. 6. Learned counsel for appellants has referred order dated 15.04.2015 passed in SOS application No.720/2025 in S.B. Criminal Appeal No.871/2025 (cross-case). The appellants were on bail during trial. We have gone through the statement of witnesses as referred by learned counsel for appellants along with injury report of Devi Sahay (injured) and opinion about injury proved before the trial court by PW-1 Dr. Chain Singh. The record also suggest pending land dispute between the parties. 7. At this stage, it is not possible for us to express any opinion on merits of the case but having considered totality of facts and circumstances, it is appropriate to release appellants on bail. 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-Surjaram S/o Bhuraram and Phoolchand S/o Bhuraram 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 05.08.2025 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:17682] (4 of 4) [SOSA-710/2025] 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(s) 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(s),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 /35