[2025:RJ-JP:18117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 685/2025 In S.B. Criminal Appeal No. 46/2025 Harphool Son Of Shri Badri @ Badri Narayan, Aged About 40 Years, Resident Of Badh Ki Dhani Surjapura, Police Station Sadar, District Dausa (Raj) (Presently Confined In Central Jail Dausa) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Appeal (Sb) No. 435/2025 Nahana Devi Wife Of Kailash Meena ----Petitioner Versus State Of Rajasthan, Through P.P and Ors. ----Respondents For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Rahul Sharma For Respondent(s) : Mr. Vijay Singh Yadv, PP with Mr. Gaurav Gupta, AAAG Mr. Noor Ahmad, for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/04/2025 1. This suspension of sentence applications was preferred on behalf of accused appellant-applicant Harphool Son of Shri Badri @ Badri Narayan (hereinafter referred to as ‘the appellant’) in pending appeal filed aggrieved from judgment of conviction and [2025:RJ-JP:18117] (2 of 5) [SOSA-685/2025] sentence dated 20.12.2024 in Sessions Case No.18/2014 (80/2017) passed by learned Additional Sessions Judge, Dausa whereby the accused appellant was convicted and sentenced under Sections 148, 341, 323/149, 325/149 and 307/149 of IPC. 2. Learned counsel for the appellant submits that the appellant is an innocent person and he was falsely implicated in this case by the complainant party. He further referred the case of the accused and submitted that five persons were charged by the police by ignoring the findings of investigation. He also referred the facts of cross case and submitted that only on basis of omnibus allegation, the trial Court has convicted the accused appellant. He also referred the evidence and submitted that complainant party was aggressor and at behest of complainant party, the assault was made at place of appellant accused. He also referred statement of injured Sitaram and submitted that no grievous or life threatening injury was suffered by Sitaram. He also referred the evidence and submitted that no treatment record was produced by prosecution to establish that the injuries sustained by Sitaram was dangerous to life. He further referred Ex.D-8 and submitted that no fracture was found by Medical Board. He further submitted that even the IR was prepared after a substantial delay and same was manipulated. He also submitted that three out of total four accused were already granted bail by Hon’ble Court and the present appellant was on bail during trial and he has not misused the liberty granted to him. Learned counsel has further referred the statements of PW-13 and PW-14 both Investigating Officers and submitted that the discrepancies clearly indicate that the appellant was falsely implicated. [2025:RJ-JP:18117] (3 of 5) [SOSA-685/2025] 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 4. Learned counsel for the complainant has referred statement of PW-3 and submitted that Harphool and Badri have threatened complainant party and with a pre meditated plan, they have made assault upon complainant party. He further submitted that the present appellant Harphool has made a deadly assault upon Sitaram and as per opinion of Medical Jurist, injured Sitaram has sustained injures dangerous to life. He further referred the fact and submitted that Medical Board was constituted after one and half year of incident. At last, he submitted that the appellant is not entitled for suspension of sentence. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. Learned Public Prosecutor has submitted custody certificate and same is taken on record. 7. On basis of report dated 25.06.2014 (Ex.P-1) submitted by PW-3 Harinarayan, FIR No.218/2014 under Section 143, 323, 341 and 379 IPC was registered at Police Station Dausa Sadar on 25.08.2014. After investigation, police has filed charge-sheet against five persons. During trial, Badri @ Badrinarayan has expired and proceedings were dropped against him. After framing the charge, the prosecution has examined 20 witnesses and exhibited 40 documents. The accused was examined under Section 313 CrPC but despite time they have not submitted any defence evidence. 14 documents were exhibited from D-1 to D-14 in defence. The present accused appellant was convicted and [2025:RJ-JP:18117] (4 of 5) [SOSA-685/2025] sentenced under Sections 148, 341, 323/149, 325/149 and 307/149 of IPC. The maximum sentence awarded is five years. 8. The trial Court has considered the statement of injured PW-8 Sitaram, PW-9 Prabhu, PW-7 Ram Khiladi, PW-5 Nanagram, PW-17 Bhonri Devi as all these were injured. The trial Court has also referred the statement of PW-13 Lalluram, who is Investigating Officer in the matter along with PW-14 Manoharlal. The fact of cross case FIR No.158/2014 is also on record. Sitaram was examined on 21.06.2014 by PW-4 Dr. R.D. Sharma and he advised X-Ray for injuries No.1 to 3 wherein injury No.1 is on head. As per X-Ray, injury No.1 was grievous in nature and same was found to be dangerous. The admission indicate that the injured himself came on foot for examination. 9. Three accused persons Kailesh, Smt. Gopali and Smt. Nahna were already enlarged on bail by a Co-ordinate Bench. The accused appellant was on bail during trial and disposal of the appeal will take its own time. 10. At this stage, it is not possible for us to express any opinion on merits of the case but disposal of appeal will take its own time, in view of discussion made hereinabove, this S.B. Criminal Misc Suspension of Sentence Application is hereby allowed and it is ordered that sentence of appellant-applicant accused Harphool Son Of Shri Badri @ Badri Narayan is suspended till disposal of appeal with the condition that he 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 09.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- [2025:RJ-JP:18117] (5 of 5) [SOSA-685/2025] 1. That the appellant 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 appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant change 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. 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 11. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 12. Misc. Application stands disposed of. 13. A copy of this order be sent to learned trial court through E- mail. In S.B. Criminal Appeal No.435/2025:- 1. List along with S.B. Criminal Appeal No.46/2025 in the month of October, 2025. (ASHOK KUMAR JAIN),J MR/27-28