HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1922/2025 in S.B. Criminal Appeal No.2582/2025 Ramveer S/o Somraj, R/o Jindo Ka Beda, Mohanpura, Police Station Balghat, District Karauli. (Accused Appellant Is Confined In Central Jail Bharatpur) ----Appellant Versus State Of Rajasthan, Through P.p ----Respondent For Appellant(s) : Mr.Gopendra Singh Shekhawat For Respondent(s) : Mr.Vikram Singh Chauhan Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 10/10/2025 1. Learned counsel for the appellant submits that the appellant faced trial for the offence punishable under Section 307 IPC, but he has been acquitted of the said charge and thereafter, he has been convicted for the offence under Section 308 & 341 of the IPC and 3/25 of the Arms Act and he has been sentence to undergo five years, one month and three years respectively. Counsel submits that as per the statements of PW16-Dr.Siya Ram Meena, the injuries sustained by the injured, i.e. Balbveer, Mahendra, Roop Singh & Smt.Dhanmati were found to be grievous in nature and not likely to cause death as the injuries sustained by them has not caused any damage of their internal organs. Counsel (2 of 3) [SOSA-1922/2025] submits that the appellant was on bail during the course of trial and the disposal of the instant appeal is bound to take time, therefore, the sentence awarded to the appellants by the Trial Court be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor as well as counsel appearing on behalf of the complainant has opposed the prayer and submitted that looking to the injuries sustained by the injured persons, an offence under Section 307 is made out, but erroneously, the accused person has been acquitted of the said offence for which a separate appeal has been preferred by the complainant. Hence, under these circumstances, the appellant is not entitled to get benefit of suspension of sentence and the instant application is liable to be rejected on this count alone. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by counsel for the appellant and looking to the fact that maximum sentence awarded to the appellants is five years and he was on bail during the course of trial and looking to the fact that disposal of the appeal is likely to take time, this Court is of the opinion that the instant case is a fit case for suspending the sentence awarded to the accused-appellants. 5. Accordingly, the application for suspension of sentence filed by the appellant under Section 430 BNSS, 2023 is allowed and the sentence awarded against the appellant Ramveer S/o Somraj shall remain suspended till final disposal of the aforesaid appeal and subject to the condition that the appellant shall deposit the fine amount as imposed by the Trial Court and he shall be released (3 of 3) [SOSA-1922/2025] on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 12.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the Trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes his place of residence, he will give in writing his changed address to the Trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s) and/ or mobile number, they will give in writing their changed address and/ or mobile number to the Trial Court. 4. Appellant shall deposit the fine amount as imposed by the learned Trial Court. 5. In case, the appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail. 6. The learned Trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused-appellants were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. Case file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the accused-appellant does not appear before the trial Court and/ or commits any default, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Aayush Sharma /29