[2025:RJ-JP:39650] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1682/2025 1. Surendra Singh S/o Late Shri Hanuman Singh, Aged About 42 Years, R/o Pachala P.s. Phagi District Jaipur (At Present Confined In Central Jail Jaipur) 2. Gajraj Singh @ Girraj S/o Late Shri Hanuman Singh, Aged About 41 Years, R/o Pachala P.s. Phagi District Jaipur (At Present Confined In Central Jail Jaipur) 3. Smt. Omkanwar W/o Shri Surendra Singh, Aged About 37 Years, R/o Pachala P.s. Phagi District Jaipur (At Present Confined In Central Jail Jaipur) 4. Smt. Omkanwar W/o Late Hanuman Singh, Aged About 65 Years, R/o Pachala P.s. Phagi District Jaipur (At Present Confined In Central Jail Jaipur) ----Petitioners Versus State Of Rajathan, Through PP ----Respondent For Petitioner(s) : Mr. Ram Prasad Choudhary For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Subham Kumar Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 25/09/2025 1. The appellants have been convicted by the learned Additional Sessions Judge, Phagi District Jaipur vide judgment dated 06.08.2025 in Sessions Case No.18/2023 for the offences under Section 304 (Part-II), 147, 148, 323/149 and 341 IPC and sentenced for ten years Rigorous Imprisonment, two years Rigorous Imprisonment, three years Rigorous Imprisonment, one [2025:RJ-JP:39650] (2 of 3) [SOSA-1682/2025] year Rigorous Imprisonment and one month Simple Imprisonment respectively with default stipulation. 2. Being aggrieved the appellants have preferred this appeal. Pending disposal of the appeal, by way of present application under Section 430 of BNSS, 2023 the appellants seek suspension of sentence and release on bail. 3. Learned counsel appearing for the appellants has submitted that there are major contradictions and discrepancies in the testimony of prosecution witnesses. All the materiel prosecution witnesses are members of a single family, thus interested witnesses, therefore, conclusion arrived at by the trial court is perverse. He further submitted that as per the Post Mortem Report of deceased Prem Singh, only two injuries are shown on his body while as per the prosecution case, if all the appellants have inflicted the injuries then there must be more injuries in comparison to only two injuries. Learned counsel contended that as per the medical report, simple injurers are caused to the other injured Vikram and Mahendra. There is no specific role attributed to the lady-appellants Smt. Omkanwar w/o Surendra Singh and Smt. Omkanwar W/o late Hanuman Singh. He argued that other accused Surendar Singh and Gajraj Singh @ Girraj are in incarceration for last more than three years one month and two years 11 months respectively and they have no criminal antecedents. The hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. The learned Public Prosecutor has vehemently opposed the application for suspension of sentence. [2025:RJ-JP:39650] (3 of 3) [SOSA-1682/2025] 5. I have heard the contentions of the learned counsel for the appellants and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Having regard to all the facts and circumstances of the case, the period of sentence awarded, the custody period and the fact that disposal of the appeal is likely to take considerable time but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellants Surendra Singh S/o Late Shri Hanuman Singh, Gajraj Singh @ Girraj S/o Late Shri Hanuman Singh, Smt. Omkanwar W/o Shri Surendra Singh and Smt. Omkanwar W/o Late Hanuman Singh. 7. 7. It is, therefore, ordered that the sentence of the appellants shall remain suspended till disposal of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that they shall appear before this Court on 28.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Bmg /29