[2025:RJ-JP:15612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2350/2024 In S.B. Criminal Appeal No.3325/2024 1. Mamrej S/o Ayub, R/o Sahsan P.s. Jurhara District Bharatpur (At Present Confined In Central Jail, Bharatpur) 2. Mamur S/o Ayub, R/o Sahsan P.s. Jurhara District Bharatpur (At Present Confined In Central Jail, Bharatpur) 3. Sahun S/o Mohar Khan, R/o Sahsan P.s. Jurhara District Bharatpur (At Present Confined In Central Jail, Bharatpur) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Narendra Prasad Meena with Mr. Pradeep Kumar Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/04/2025 1. Instant SOS application is preferred by appellants Mamrej S/o Ayub, Mamur S/o Ayub and Sahun S/o Mohar Khan arising out of judgment of conviction and sentence dated 05.12.2024 in sessions case No.19/2015 passed by learned Special Judge SC/ST (POA) Cases, Bharatpur whereby appellants were convicted and sentenced under Sections 323, 341, 324, 325, 307 read with Section 34 IPC. 2. Learned counsel for appellants submitted that appellants are innocent and they were falsely implicated at behest of [2025:RJ-JP:15612] (2 of 4) [SOSA-2350/2024] complainant. He further submitted that herein this case, the dispute arose between Deenu and injured Mahendra due to some mis-understanding about work in Maha NAREGA project. He further referred Ex.D-4 and Ex.D-6 and submitted that there was a cross-case of the incident wherein charge-sheet has been filed against complainant party. Learned counsel has further referred statement of injured PW-5 Mamta, PW-6 Mahendra, PW-7 Puran and PW-13 Charan Singh and submitted that none of the injuries suffered by any of injured is dangerous to life. He further referred the statement of PW-11 Dr. Sanjeev and submitted that even there is cutting and over-writting in the injury report of PW-6 Mahendra. He further referred discrepancies and inconsistencies in the statement of witnesses and submitted that the appellants have strong case to succeed in the instant appeal. At last, he submitted that appellants were on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted custody certificate along with criminal antecedents. He further submitted that these appellants were convicted under Sections 307 IPC. 4. Heard learned counsel for appellants and learned Public Prosecutor. Perused the record. 5. Having considered the fact that on the basis of report dated 08.06.2014 submitted by Ram Prasad @ Kalu, FIR No.193/2014 was registered at P.s. Jurhera, Bharatpur and charge-sheet was filed against four persons including present petitioners. The injured were examined by prosecution and we have considered statement of injured PW-5 Mamta, PW-6 Mahendra, PW-7 Puran [2025:RJ-JP:15612] (3 of 4) [SOSA-2350/2024] and PW-13 Charan Singh. The IO was examined as PW-12 and we have gone through the statement of IO. We have also considered injury reports. After recording the evidence of prosecution and further examination of appellants under Section 313 Cr.P.C., the trial court has convicted appellants under Section 307 read with 34 IPC. The main allegation is upon Deenu who was named as person by PW-6 Mahendra, for assaulting on his head by Pharsa though one of the injured has also named one of the appellants but considering the evidence on record, it is not possible for us to express any opinion on merits of the case but it is a fit case to enlarge appellants on bail. 6. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellants can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Mamrej S/o Ayub, Mamur S/o Ayub and Sahun S/o Mohar Khan is suspended till disposal of appeal with the condition that each of them would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their 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. After release of appellants on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:15612] (4 of 4) [SOSA-2350/2024] 2. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicants changes the place of residence, they will give in writing their 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. Misc. Application stands disposed of. 7. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /27