HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1652/2025 In S.B. Criminal Appeal No.2240/2025 1. Bhojraj S/o Shri Ram Karan, Aged About 31 Years, R/o Village Ghatla, P.s. Karwar, District Bundi (Raj). (Appellant Is In Jail At Bundi) 2. Mahadev S/o Shri Ram Sahay, Aged About 30 Years, R/o Village Nohra, P.s. Karwar, District Bundi (Raj). (Appellant Is In Jail At Bundi) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GA/PP JUSTICE ANOOP KUMAR DHAND Order 15/10/2025 1. Counsel for the appellants submits that the maximum sentence awarded to the appellants is three years for the offences punishable under Section 326 read with Section 34 IPC. Counsel submits that the appellants were on bail during the course of trial and disposal of the appeal is bound to take time, so the sentence of the appellants be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. (2 of 3) [SOSA-1652/2025] 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellants and looking to the fact that the maximum sentence awarded to the appellants is three years and they were on bail during the course of trial and disposal of the appeal is bound to take 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 applicants is allowed and the sentence awarded by the Court of Additional Sessions Judge, Nainwa, District Bundi vide judgment dated 07.08.2025 in Sessions Case No.235/2021 against the appellants Bhojraj S/o Shri Ram Karan and Mahadev S/o Shri Ram Sahay shall remain suspended till final disposal of the aforesaid appeal, 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 execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 07.11.2025 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 applicants change the place of residence and mobile number, they will give in writing their changed address and mobile number (3 of 3) [SOSA-1652/2025] to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 4. Appellants shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicants-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. Such Criminal Misc. 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 said accused-appellants do not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J KuD/98