[2025:RJ-JP:15639] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 380/2025 in S.B. Criminal Appeal No. 453/2025 Dwarkalal S/o Latoorlal, Aged About 40 Years (presently aged 49 years), R/o Gandhi Colony Baran Police Station Kotwali Baran District Baran (Raj) (At Present Confined In District Jail Baran) ----Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/04/2025 1. Instant application for suspension of sentence is preferred by applicant-accused Dwarkalal in pending appeal filed aggrieved from judgment of conviction and sentence dated 03.02.2025 wherein the applicant accused Dwarkalal was convicted under Sections 307 and 324 IPC. 2. Learned counsel for applicant while placing reliance upon grounds of appeal submits that initially charge-sheet was filed under Sections 323, 341, 324 and 307 IPC but during pendency of sessions case the complainant-injured Prabhu Lal has entered into a compromise with present applicant and the Trial Court has acquitted present applicant under Sections 323 and 341 IPC on the basis of compromise between the parties. He further submits [2025:RJ-JP:15639] (2 of 4) [SOSA-380/2025] that applicant and injured are close relatives and the reason of altercation between the parties was a dispute between them which relates to a property dispute. He further submits that there was no eye-witness and the Trial Court has not taken note of discrepancies and material contradictions in the cross-examination of material witnesses. He further referred the deposition of medical jurist PW-5 Dr. Om Prakash and submits that all injuries were simple in nature. At last, he submits that applicant-accused was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for applicant-accused along with learned Public Prosecutor. Perused the material available on record. 5. On the basis of statement of injured Prabhu Lal recorded he was admitted in hospital FIR No. 284/2015 was registered in the Police Station Kotwali, District Baran and after investigation, a charge-sheet was filed against the applicant. Learned Trial Court has framed the charges and after full trial has convicted present appellant under Sections 307 and 324 IPC, though the Trial Court has acquitted present applicant under Sections 341, 323 IPC on the basis of compromise between the parties on 28.01.2025. The maximum sentence awarded to present applicant is 5 years under Section 307 IPC. 6. We have gone through the statement of complainant injured who was examined as PW-3 along with two eye-witnesses PW-1 [2025:RJ-JP:15639] (3 of 4) [SOSA-380/2025] Vikas and PW-2 Premsukh. We have also gone through the statement of PW-5 (Dr. Om Prakash) and also injury report Ex. P- 5. The injuries sustained by injured were simple in nature. At this stage, it is not possible for us to express any opinion on merits of the case but it is appropriate to allow suspension of sentence application of present applicant. 7. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Dwarkalal S/o Latoorlal 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 23.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not contact or connect directly or indirectly with victim or any of her family member. 2. 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. 3. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 4. That if the appellant changes the place of residence, he will give in writing his changed [2025:RJ-JP:15639] (4 of 4) [SOSA-380/2025] 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. 8. In case, the applicant has violated any condition 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 /35 (SOSA)