HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1112/2025 in S.B. Criminal Appeal No.1490/2025 1. Rakesh S/o Sitaram, R/o Bhattawali Tan Bhanpur Kalan Police Station Jamwaramgarh District Jaipur (Presently Confined In Central Jail Alwar) 2. Anoop S/o Hoshiyar Singh, R/o Manjra Bhanda Police Station Mundawar District Alwar Presently District Khairthal Tijara (Rajasthan) (Presently Confined In Central Jail Alwar) 3. Sitaram S/o Chhajuram, R/o Basna Police Station Jamwaramgarh District Jaipur (Presently Confined In Central Jail Alwar) 4. Amit S/o Nihal Singh, R/o Kathaka Majra Police Station Neemrana Disrict Alwar Presently District Khairthal Tijara (Rajasthan) (Presently Confined In Central Jail Alwar) ----Appellants Versus State of Rajasthan, through Public Prosecutor ----Respondent For Appellants(s) : Mr.Sanjay Yadav For Respondent(s) : Mr.Amit Kumar Gupta, Dy.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 09/10/2025 1. Learned counsel for the accused-appellants submits that appellants have been found guilty for the offences punishable under Sections 341, 323/34, 307/34, 365 & 394/34 of the IPC. Counsel submits that the maximum sentence awarded to the appellants is seven years. Counsel submits that the injured PW-5 (2 of 4) [SOSA-1112/2025] Devi Singh has sustained two fractures on head as per the opinion of the Doctor, these injuries were found to be grievous, but not dangerous to life. Counsel submits that the appellants were on bail during the course of trial and the appellant No.1 has already suffered sentence of more than two years and the other appellants have also suffered sufficient sentence during trial. Counsel submits that the appellants were on bail during the course of trial and 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 has opposed the suspension of sentence application. 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 appellants and looking to the fact that the maximum sentence awarded to the appellants is seven years and the same has already been suspended by the Trial Court 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 appellants under Section 430 BNSS, 2023 is allowed and the sentence awarded by the Court of Additional District & Sessions Judge No.2, Kishangarh-Bas, District Alwar (Raj.) in Sessions Case No.63/2018 vide judgment dated 21.05.2025 against the appellant (i) Rakesh S/o Sitaram, (ii) Anoop S/o Hoshiyar Singh, (iii) Sitaram S/o Chhajuram (iv) Amit S/o (3 of 4) [SOSA-1112/2025] Nihal Singh shall remain suspended till final disposal of the aforesaid appeal and subject to the condition that the appellants shall deposit the fine amount as imposed by the Trial Court and they shall be released on bail provided each of them 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 their appearance in this Court on 11.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That they shall appear before the Trial Court in the month of January of every year till the appeal is decided. 2. That if the appellants change their 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. 3. Similarly, if the sureties change their address(s) and/or mobile number(s), they will give in writing their changed address and/or mobile number(s) to the Trial Court. 4. Appellant shall deposit the fine amount as imposed by the learned Trial Court. 5. In case, the appellants are 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-appellants in a separate file. Such file be registered as Criminal Misc. Case relating to the 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. (4 of 4) [SOSA-1112/2025] 7. In case the accused-appellants do not appear before the trial Court and/or commits default, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Aayush Sharma /99