[2025:RJ-JP:17909] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 701/2025 in S.B. Criminal Appeal No. 846/2025 1. Vijay Urf Vijendra S/o Ramkhiladi, Aged About 40 Years, R/o Ukari P.s. Raini, District Alwar (Raj) (Presently Confined In Central Jail, Alwar) 2. Rakesh Kumar S/o Nemichand, Aged About 40 Years, R/o Ukari P.s. Raini, District Alwar (Raj) (Presently Confined In Central Jail, Alwar) 3. Geeta W/o Shivram, Aged About 52 Years, R/o Ukari P.s. Raini, District Alwar (Raj) (Presently Confined In Central Jail, Alwar) 4. Ramkhiladi S/o Harsaiai, R/o Ukari P.s. Raini, District Alwar (Raj) (Presently Confined In Central Jail, Alwar) ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mohar Pal Meena For Respondent(s) : Mr. Girish Khandelwal Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/04/2025 1. Instant application for suspension of sentence is preferred by appellants-accused Vijay Urf Vijendra S/of Ramkhiladi, Rakesh Kumar S/o Nemichand, Geeta W/o Shivram and Ramkhiladi S/o Harsaiai in pending appeal filed aggrieved from judgment of conviction and sentence dated 28.03.2025 in sessions [2025:RJ-JP:17909] (2 of 5) [SOSA-701/2025] case No. 21/2013 passed by learned Additional Sessions Judge, Rajgarh, Distt. Alwar whereby appellants-accused were convicted and sentenced under Sections 147, 148, 323/149, 324/149, 304- II read with Section 149 IPC. 2. Learned counsel for appellant submits that appellants are innocent persons and they were falsely implicated by police under the pressure of complainant party. He also submits that initially a charge-sheet was filed against four persons and all four were convicted by the Trial Court. He further submits that out of these four persons, application for suspension of sentence of three persons were allowed by this Court on 09.10.2012, but one of them Shivvram has already served the sentence. He further submits that these accused were on bail during trial. He further submitted that as per post mortem report Ex. P-40 and evidence of PW-28, there was one injury on head of deceased Shambu Dayal and attribution was made upon Shivram. He further submits that only to exaggerate the facts these appellants were unnecessarily named. He further submits that the injury upon deceased was caused by blunt object and that too without intention to commit murder or culpable homicide. At last, he submits that all these appellants on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned Public Prosecutor has submitted custody certificate and same is taken on record. [2025:RJ-JP:17909] (3 of 5) [SOSA-701/2025] 4. Heard learned counsels for both the parties along with learned Public Prosecutor. Perused the entire material available on record. 5. On basis of report Ex. P.2 dated 17.03.2009 about assault by Suresh and others FIR No. 40/09 under Sections 143, 323 and 341 IPC was registered at Police Station, Raini, District Alwar. After investigation, police has filed a charge-sheet against Santosh, Nemi Chand, Shivram and Dayaram but kept pending against other persons under Section173(8) of Cr.P.C. The Trial Court has convicted Santosh, Nemi Chand, Shivram and Dayaram on 06.09.2012 in sessions case No. 17/2009 under Sections 147, 148, 323/149, 324/149 and 304-II/149 IPC. Afterwards, the police has filed charge-sheet against Vijay @ Vijender, Rakesh, Geeta, Suresh Chand, Ram Khiladi and Ram Karan. During trial 35 witnesses were examined and 43 documents were exhibited. Accused were examined under Section 313 Cr.P.C. and in defence they submitted four witnesses from DW-1 to DW-4 and exhibited 32 documents. Learned Trial Court has convicted all these appellants under Sections 147, 148, 323/149, 324/149 and 304-II read with Section 149 IPC. 6. The instant application for suspension of sentence is preferred only on behalf of four accused. We have considered the evidence as referred by learned counsel for appellants. Aggrieved from conviction dated 06.09.2012, a criminal appeal No. 767/2012 is filed and application for suspension of sentence of Santosh, Nemi Chand, Dayaram was allowed by a Co-ordinate Bench on 09.10.2012. The appellant-accused Ramkhiladi was released on bail during trial in pursuant to order dated 11.09.2013 by a Co- [2025:RJ-JP:17909] (4 of 5) [SOSA-701/2025] ordinate Bench of this Court. At this stage, it is not possible for us to express any opinion on the merits of the case, but the disposal of appeal will take its own time and looking to the overall facts and circumstances of the case without expressing any opinion on the merits of the case, it is appropriate to allow application for suspension of sentence. 7. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellants-applicants accused Vijay Urf Vijendra S/o Ramkhiladi, Rakesh Kumar S/o Nemichand, Geeta W/o Shivram and Ramkhiladi S/o Harsaiai 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 06.08.2025 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. 2. That the appellants-accused will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellants changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court. [2025:RJ-JP:17909] (5 of 5) [SOSA-701/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 8. In case, if it is found that any condition is breached, then 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 /42