HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Suspension of Sentence Application No.2010/2025 in S.B. Criminal Appeal No. 2691/2025 1. Kamlesh S/o Shojilal, Aged About 46 Years, R/o Jagdishpura, Police Station Karvar, District Bundi (Rajasthan). 2. Manoj S/o Kanhaiyalal, Aged About 33 Years, R/o Jagdishpura, Police Station Karvar, District Bundi (Rajasthan). 3. Omprakash @ Prakash S/o Badrilal, Aged About 51 Years, R/o Village Gambhira Ka Jhopda, Police Station Nainwa, Distirct Bundi (Rajasthan). ----Appellants Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr.Lakhan Singh Meena For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 09/10/2025 1. Learned counsel for the appellants submits that the appellants have been convicted for the offences punishable under Sections 341, 323, 325 & 308 read with Section 34 of IPC. Counsel submits that the maximum sentence awarded to the appellants is three years and the same has already been suspended by the Trial Court. Counsel submits that the appellants were on bail during the course of trial and the disposal of the instant appeal is bound to take time, therefore, the sentence (2 of 3) [SOSA-2010/2025] 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 three 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 Sessions Judge, Nainwa, District Bundi (Raj.) in Sessions Case No.126/2021 (Old No.74/2015) vide judgment dated 29.09.2025 against the appellant (i) Kamlesh S/o Shojilal, (ii) Manoj S/o Kanhaiyalal, (iii) Omprakash @ Prkash S/o Badrilal 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:- (3 of 3) [SOSA-2010/2025] 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. 7. In case the accused-appellants do 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/36