[2025:RJ-JP:17496] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 207/2025 In S.B. Criminal Appeal No. 257/2025 1. Omprakash S/o Ramkhiladi, R/o Badh Ramsar Police Station Sadar Gangapurcity District Sawai Madhopur (At Present Confined In Sub Jail Gangapur City) 2. Vijendra Kumar @ Vijay S/o Ramkhiladi, R/o Badh Ramsar Police Station Sadar Gangapurcity District Sawai Madhopur (At Present Confined In Sub Jail Gangapur City) 3. Pawan Kumar S/o Bharatlal, R/o Badh Ramsar Police Station Sadar Gangapurcity District Sawai Madhopur (At Present Confined In Sub Jail Gangapur City) 4. Charan Singh S/o Ramkhiladi, R/o Badh Ramsar Police Station Sadar Gangapurcity District Sawai Madhopur (At Present Confined In Sub Jail Gangapur City) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Asgar Khan For Respondent(s) : Mr. Devi Singh, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/04/2025 1. The instant application for suspension of sentence is preferred by appellants-Omprakash S/o Ramkhiladi, Vijendra Kumar @ Vijay S/o Ramkhiladi, Pawan Kumar S/o Bharatlal and Charan Singh S/o Ramkhiladi aggrieved from order of [2025:RJ-JP:17496] (2 of 5) [SOSA-207/2025] conviction and sentence dated 18.01.2025 in Sessions Case No.64/2013 passed by learned Additional Sessions Judge No.1, Gangapur City whereby appellants were convicted for offence under Sections 143, 323, 427, 307, 336, 341 IPC and 3/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellants while relying upon grounds of appeal submitted that appellants are innocent persons and they were falsely implicated by complainant. He further submitted that there was a cross-case and due to fire cracker, the dispute arose and same was considered by the trial court. He also submitted that dispute was initiated by complainant party and they were aggressors but the trial court has drawn conclusion of conviction ignoring material on record. He further submitted that all the witnesses are interested witnesses and none of the independent witness has supported the case of prosecution. He further submitted that as per prosecution, injured Dhan Singh has sustained injuries from pallets but the injury is not dangerous to life. He further referred the discrepancies and contradictions and submitted that the appellant have good case to succeed in the appeal. At last, he submitted that accused were on bail during trial and they had 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 submitted custody certificates and same are taken on record. He also submitted that two more case were registered against Om Prakash and no other criminal antecedents were found against other accused. [2025:RJ-JP:17496] (3 of 5) [SOSA-207/2025] 4. Heard learned counsel for appellants and learned Public Prosecutor. Perused the record. 5. On the basis of statement of Dhan Singh, injured Dhan Singh on 28.10.2011 (Ex.1) FIR No.280/2011 was registered at P.S. Gangapur City and after investigation police has filed charge-sheet against four accused. After framing charge, prosecution has examined 19 witnesses and exhibited 33 documents. Accused were examined under Section 313 Cr.P.C. and statement of DW-1 Charan Singh was recorded in defence and further 18 documents were exhibited. Learned trial court has convicted appellant Om Prakash under Sections 148, 341, 323/149, 307/149 IPC and 3/25 of Arms Act, Charan Singh under Section 148, 341, 323/149, 307 IPC whereas Vijendra and Pawan were convicted under Sections 148, 341, 323/149, 307/149 IPC. The maximum sentence awarded to each of appellant is 7 years. We have gone through the statement of PW-1 Dhan Singh, PW-2 Pankilal, PW-3 Santra Devi and PW-4 Buri Devi, all were eye witnesses and injured. Also gone through the injury reports as exhibited by PW-14 Dr. S.N. Sharma. Also considered FIR No.283/2011 P.S. Sadar Gangapur City registered as cross case wherein also police has filed charge- sheet under Sections 341, 323, 448, 336 and 34 IPC. 6. All four accused were on bail during trial and disposal of appeal will take its own time. Two more cases were registered against Om Prakash, wherein one pertains to accident which was already disposed of whereas other related to Arms Act and pending before the Court. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be [2025:RJ-JP:17496] (4 of 5) [SOSA-207/2025] enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Omprakash S/o Ramkhiladi, Vijendra Kumar @ Vijay S/o Ramkhiladi, Pawan Kumar S/o Bharatlal and Charan Singh S/o Ramkhiladi is suspended till disposal of appeal with the condition that each of them would execute 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 02.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellants 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. 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 applicants 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 addresses, 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 [2025:RJ-JP:17496] (5 of 5) [SOSA-207/2025] PREETI VALECHA /24