[2025:RJ-JP:16007] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 2456/2024 IN S.B. Criminal Appeal No.3439/2024 1. Shahrukh Kha S/o Nisar Kha, Aged About 20 Years, R/o Deshwali Mohalla Dausa Distt. Dausa, Rajasthan (At Present Confined Distt. Jail Dausa Distt. Dausa Rajasthan). 2. Siraj Kha S/o Bundu Kha, Aged About 30 Years, R/o Deshwali Mohalla Dausa Distt. Dausa, Rajasthan (At Present Confined Distt. Jail Dausa Distt. Dausa Rajasthan). 3. Farukh Kha S/o Nisar Kha, Aged About 19 Years, R/o Shekhan Mohalla Ps Kotwali Dausa Distt. Dausa, Rajasthan. ( At Present Confined Distt. Jail Dausa Distt. Dausa Rajasthan). ----Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/04/2025 1. The instant suspension of sentence application is preferred by the accused-appellants (1) Shahrukh Kha S/o Nisar Kha, (2) Siraj Kha S/o Bundu Kha and (3) Farukh Kha S/o Nisar Kha (hereinafter referred to as ‘the appellants’) in pending appeal filed against judgment of conviction and sentence dated 10.12.2024 in [2025:RJ-JP:16007] (2 of 5) [SOSA-2456/2024] Sessions Case No.69/2016 passed by learned Additional Sessions Judge, Dausa, Distt. Dausa whereby the accused-appellant Shahrukh Kha was convicted and sentenced under Sections 323 read with Section 34, 341, 307/34 IPC and under Section 4/25 of the Arms Act whereas accused-appellants Siraj Kha and Farukh Kha were convicted and sentenced under Sections 323 read with Section 34, 341, 307 read with Section 34 of IPC. The maximum sentence awarded to each of the appellants is 7 years under Section 307/34 IPC. 2. Learned counsel for the appellants submits that the appellants are innocent persons and they were falsely implicated in the instant matter. He further submits that the police report was registered after a delay of one day and after taking legal advice. He also submits that a cross case was also registered against the complainant party and the trial court has not considered the factum of cross case. He further referred the discrepancies in the statement of witnesses and submitted that a specific attribution of injuries were not made upon any of the appellant. He also referred the statement of injured Abdul Lateef (PW-10) and submitted that the injuries were sustained in open and free fight and not caused by any of the present appellant(s). Learned counsel for the appellants submits that the appellants were on bail during trial and they have not misused the liberty granted to them and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted custody certificates and same are taken on record. [2025:RJ-JP:16007] (3 of 5) [SOSA-2456/2024] 4. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record. 5. On basis of report dated 17.05.2016 filed by PW-2 Rahes for incident on 16.05.2016, an FIR No.297/2016 under Sections 323, 341 and 143 of IPC was registered at PS Kotwali, District Dausa. After investigation, the police has filed charge-sheet against Nisar Khan, Shaharukh Kha, Siraj Kha and Farukh Kha. During investigation, Nisar Kha has expired and proceedings were dropped against him. The prosecution has examined 16 witnesses and exhibited 25 documents in support of case of prosecution. The accused were examined under Section 313 CrPC and they have not submitted any defence evidence though exhibited one document in defence. The trial court has noticed registration of cross FIR No.307/2016 and after considering the evidence has convicted all the three appellants. Injured Lateef was examined as PW-10 wherein he named Shaharukh Kha as main accused to assault him. He also named Farukh Kha and Nisar Kha for assault with sword. 6. We have also considered cross-examination of PW-10 Lateef. Medical Jurist Dr. Satish Khandelwal was examined as PW-5 who examined Abdul Lateef and prepared a report (Ex.P-7). As per PW-5, injured was treated at SMS Hospital, Jaipur and X-Ray report of Lateef was exhibited as Ex.P4. The record indicate that prosecution has not examined any surgeon of SMS Hospital. At this stage, it is not possible for us to express any opinion on merits of the case. 7. After considering the material available on record and also the fact that only one other case was registered against [2025:RJ-JP:16007] (4 of 5) [SOSA-2456/2024] Shaharukh Kha but no criminal antecedents were found against Siraj Kha and Farukh Kha, it is appropriate to allow suspension of sentence application of present applicants. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellants-applicants accused (1) Shahrukh Kha S/o Nisar Kha, (2) Siraj Kha S/o Bundu Kha and (3) Farukh Kha S/o Nisar Kha 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 their appearance in this Court on 24.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 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. 3. That the appellants will appear before the Trial Court in the month of January of every year till the appeal is decided. 4. 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. 5. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. [2025:RJ-JP:16007] (5 of 5) [SOSA-2456/2024] 9. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MR/63