[2025:RJ-JP:21320] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 288/2025 In S.B. Criminal Appeal No. 351/2025 Wahid Khan @ Shukla Son Of Abdul Majeed Khan, Aged About 45 Years, R/o Sarekhurd Police Station Choupanki District Alwar (Raj) (At Present Confined At District Jail Dausa) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan Mr. Ashutosh Modi For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Manish Sharma Kamdar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Wahid Khan @ Shukla Son Of Abdul Majeed Khan in pending appeal filed aggrieved from order of conviction and sentence dated 27.01.2025 in Sessions Case No.10/2013 passed by learned Additional Sessions Judge, Mahawa, Dist. Dausa whereby appellant was convicted for offence under Sections 365 and 395 IPC and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is an innocent person and he was falsely implicated by police. He further submitted that without any identification, this appellant was convicted by learned trial court. He also submitted that there [2025:RJ-JP:21320] (2 of 4) [SOSA-288/2025] is no independent witnesses to corroborate the recovery. He further submitted that there is no identification of articles and there is is no other criminal antecedents against the appellant. He further submitted that appellant was on bail during trial and he has not misused the liberty granted to him and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for parties and learned Public Prosecutor. Perused the record. 5. On the basis of report Ex.P-1 about robbery of Scoprio on 01.10.2012, FIR No.507/2012 was registered under Sections 143, 365 and 382 IPC at P.S. Mahawa, Dist. Dausa on 02.10.2012. After investigation, police has filed a charge-sheet against three accused Wahid, Mota and Javed. After framing of charge, prosecution has examined 14 witnesses and exhibited 20 documents. Two accused Javed and Mota were absconded and trial court has examined accused appellant-Wahid under Section 313 Cr.P.C. The accused has not submitted any defence evidence. The trial court has convicted appellant under Sections 365 and 395 IPC and sentenced him to undergo rigorous imprisonment of seven years and ten years with fine respectively. 6. There is no criminal antecedents against the appellant and he has served more than 1 year 2 months in custody. We have considered the statement of witnesses as referred by learned counsel for appellant and also the recovery as referred by learned counsel for appellant. The grounds raised by learned counsel for [2025:RJ-JP:21320] (3 of 4) [SOSA-288/2025] appellant can be considered at the time of final adjudication but not now. The appellant was released on bail in pursuant to order dated 04.09.2013 in bail application No.8363/2013 by Co-ordinate Bench of this Court. The disposal of appeal will take its own time, therefore it is appropriate to allow SOS application. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Wahid Khan @ Shukla Son Of Abdul Majeed Khan is suspended till disposal of appeal with the condition that he 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 his appearance in this court on 01.09.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, 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(s) 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. [2025:RJ-JP:21320] (4 of 4) [SOSA-288/2025] 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 PREETI VALECHA /15