HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1398/2025 in S.B. Criminal Appeal No.1918/2025 1. Tofiq Hussain Son Of Naeem Ahmed (Abdul Naeem), Aged About 26 Years, Resident Of Machis Factory, Sanjay Nagar, Shamshan Road, Gali No. 11, Police Station Bheemganjmandi, Kota City. (Accused Is Confined In Central Jail, Kota) 2. Abdul Naeem Son Of Abdul Majeed, Aged About 53 Years, Resident Of Machis Factory, Sanjay Nagar, Shamshan Road, Gali No. 11, Police Station Bheemganjmandi, Kota City. (Accused Is Confined In Central Jail, Kota) 3. Najma Wife Of Abdul Naeem, Aged About 44 Years, Resident Of Machis Factory, Sanjay Nagar, Shamshan Road, Gali No. 11, Police Station Bheemganjmandi, Kota City. (Accused Is Confined In Central Jail, Kota) ----Appellants Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Appellant(s) : Mr.Sajid Ali For Respondent(s) : Mr.Amit Punia, Dy.GA.-cum-PP JUSTICE ANOOP KUMAR DHAND Order 09/10/2025 1. Learned counsel for the appellants submits that the appellants have faced trial for the offences punishable under Sections 304-B or in alternative under Sections 302, 498-A and 120-B of the IPC. Counsel submits that the appellants acquitted from all the above charged offences, but they have found guilty (2 of 4) [SOSA-1398/2025] for the offence under Section 306 of the IPC and they have been sentenced to five years of simple imprisonment out of which the appellant No.1 has already suffered 1 year 9 months 14 days sentence, appellant No.2 has already suffered 1 year 2 month 25 days sentence and the appellant No.3 has also suffered sufficient amount of sentence. Counsel submits that the appellants were on bail during the course of trial as well they have already suffered substantial amount of sentence and now, they have been in custody after passing of the impugned judgment 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 appellants were on bail during the course of trial and they have already suffered substantial amount of the sentence 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, Women Atrocities Case No.1, Kota in Sessions Case No.121/2023 vide judgment dated 13.06.2025 against the appellant (i) Tofiq (3 of 4) [SOSA-1398/2025] Hussain S/o Naeem Ahmed (Abdul Naeem), (ii) Abdul Naeem S/o Abdul Majeed, (iii) Najma W/o Abdul Naeem 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 address, they will give in writing their changed address and/or mobile address 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 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 (4 of 4) [SOSA-1398/2025] 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 /101