[2025:RJ-JP:16004] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 51/2025 IN S.B. Criminal Appeal No. 54/2025 Kishore Kumar son of Shri Gajanand Meena, Resident Of Nayabas, Police Station Neemkathana District Sikar Rajasthan (At Present Petitioner Is Confined In Sub Jail Neemkathana) ----Applicant-Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Appeal No. 1763/2017 Meghraj @ Bhndar ----Appellant Versus State Of Rajasthan Through PP ----Respondent For Petitioner(s) : Mr. K.K. Bhinda For Respondent(s) : Mr. Vijay Kumar Yadav, P.P. with Mr. Gaurav Gupta, AGA. HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/04/2025 IN S.B. CRIMINAL MISC SUSPENSION OF SENTENCE APPLICATION (APPEAL) NO. 51/2025 1. Instant application for suspension of sentence is preferred by applicant-accused Kishore Kumar aggrieved from judgment of conviction and sentence dated 11.12.2024 in Sessions Case No. 73/2014 (26/2009) passed by learned Addl. Sessions Judge Shrimadhopur, District – Sikar, whereby the [2025:RJ-JP:16004] (2 of 4) [SOSA-51/2025] petitioner-accused was convicted and sentenced under Sections 399 and 402 IPC. The maximum sentence awarded is 05 years. 2. Learned counsel for the applicant submits that the applicant is an innocent person and he was falsely implicated by the police. He further submitted that co-accused Meghraj @ Bhndar and Bajrang were already released on bail in pending criminal appeals. He submits that due to employement needs, the applicant failed to attend the trial and as a result, he was declared as absconder, but now, his case has been disposed of and he undertakes to attend the proceedings. At last, he submitted that only police witnesses were examined by the prosecution and their versions are stereotype. 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 basis of investigation in FIR No. 44/2009, P.S. Khandela, District – Sikar, 05 persons Pawan Kumar, Kishore Kumar, Mahesh Kumar, Meghraj @ Bhndar and Bajranglal were charge-sheeted under Sections 399 and 402 of IPC. During trial, Pawan Kumar has expired, whereas Kishore Kumar and Mahesh Kumar have absconded. Learned Addl. Sessions Judge has disposed of Sessions Case No. 26/2009 on 18.09.2017 with respect to Meghraj @ Bhndar and Bajranglal and convicted & sentenced them under Section [2025:RJ-JP:16004] (3 of 4) [SOSA-51/2025] 399 and 402 of IPC. Later, Kishore Kumar was arrested and after conclusion of his trial, he was convicted and sentenced on 11.12.2024. 6. In Criminal Appeal No. 1763/2017 filed by Meghraj @ Bhndar, SOS was allowed on 10.11.2017, whereas in Criminal Appeal No. 1762/2017, SOS was allowed on 10.11.2017. The applicant is in custody since 11.12.2024 and till date, he was served more than 07 months and 21 days. 7. At this stage, it is not possible to express any opinion on merits of the case but considering the overall facts and circumstances of the case, it is appropriate to allow the application for suspension of sentence of the present applicant. 8. In view of discussion made hereinabove, the application for suspension of sentence, is hereby allowed and it is ordered that sentence of appellant-applicant accused Kishore Kumar son of Shri Gajanand Meena 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 24.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. [2025:RJ-JP:16004] (4 of 4) [SOSA-51/2025] 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 changes the 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. 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 9. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. IN S.B. CRIMINAL APPEAL NO. 1763/2017 1. List this matter alongwith S.B. Criminal Appeal Nos.54/2025 and 1762/2017 in the month of August, 2025. (ASHOK KUMAR JAIN), J. PKS/67-68