HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.2047/2025 in S.B. Criminal Appeal No. 2723/2025 Bhagwan Singh S/o Bane Singh, Aged About 46 Years, R/o Titarwasa, Police Station Sadar Jhalawar, District Jhalawar (Rajasthan). ----Appellant Versus 1. State Of Rajastahn, Through P.p. 2. Kanhaiyalal S/o Bhanwarlal, Aged About 28 Years, R/o Titarwasa, Police Station Sadar Jhalawar, District Jhalawar (Rajasthan). ----Respondents For Appellant(s) : Mr.Ajay Singh Yaduvanshi For Respondent(s) : Mr.Amit Kumar Gupta, Dy.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 17/10/2025 1. Learned counsel for the accused-appellant submits that the appellant have been convicted for the offences punishable under Sections 504 of IPC and Section 3-1(r), 3-1(s) of the SC/ST Act. The maximum sentence awarded to the appellants is two years and the same has already been suspended by the trial Court for a short span of one month. Counsel submits that the appellant was on bail during the course of trial and the disposal of the instant appeal is bound to take its time, therefore, the sentence awarded to the appellant by the Trial Court be suspended till disposal of the instant appeal. (2 of 3) [SOSA-2047/2025] 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. 4. Considering the arguments put forward by counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is two years and the same has already been suspended by the trial Court and the appellant was on bail during the course of THE trial and looking to the fact that disposal of the appeal is likely to take its time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants. 5. Accordingly, the application for suspension of sentence filed by the applicant under Section 430 BNSS, 2023 is allowed and the sentence awarded by the trial Court against the appellant Bhagwan Singh S/o Bane Singh shall remain suspended till final disposal of the instant appeal and subject to the condition that the appellant shall deposit a fine amount as imposed by the trial Court and he shall be released 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 18.11.2025 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 of 3) [SOSA-2047/2025] 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 the original case in which the accused-appellant was 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 the bail. (ANOOP KUMAR DHAND),J Aayush Sharma /54