[2025:RJ-JP:35630] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1369/2025 Jasraj S/o Jawali Ram, R/o Village Singhada P.s. Rudawal District Bharatpur (Raj) (At Present In Sub Jail Bayana Bharatpur) ----Petitioner Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent For Petitioner(s) : Mr. Satyapal Poshwal For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/09/2025 1. The applicant has been convicted by the learned Additional Sessions Judge No.1, Bayana District Bharatpur vide judgment dated 09.01.2025 in Session Case No.46/2016 for the offences under Sections 323/34 and 307/34 IPC and sentenced for one year Simple Imprisonment and ten years Rigorous Imprisonment respectively with default stipulation. 2. Heard learned counsel for the applicant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 3. Learned counsel appearing for the applicant has submitted that the applicant has falsely been implicated in the present case. He contended that the FIR is delayed by four days and learned trial Court while passing the judgment of conviction and sentence has not appreciated the material evidence in right perspective. [2025:RJ-JP:35630] (2 of 3) [SOSA-1369/2025] There are material contradictions and discrepancies in the prosecution witnesses. A cross-case of the same incident is still pending. He vehemently contended that suspension of sentence application of co-accused Roop Kishore and Roop Singh has already been allowed by a co-ordinate Bench of this Court on 29.04.2025 and the case of present applicant Jasraj is similar to that of co-accused which is apparent from the testimony of prosectuion witnesses. He again submitted that the applicant was on bail during trial and has not misused the liberty granted to him. The applicant is languishing in jail for last 9 months and disposal of appeal will take time. Hence, the suspension of sentence application of the applicant may be allowed and he may be released on bail. 4. Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. Taking into consideration all the facts and circumstances of the case and in the backdrop of arguments advanced by learned counsel for the applicant especially that as per testimony of PW-1 Phoolsingh, PW-2 Rakhi, PW-3 Vishnu Kumar and PW-5 Mansingh, the case of the present applicant appears to be akin to that of other co-accused Roop Kishore and Roop Singh whose application for suspension of sentence has already been allowed so also custody period and the fact that the applicant was on bail during trial and the disposal of the appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the applicant-Jasraj S/o Jawali Ram. [2025:RJ-JP:35630] (3 of 3) [SOSA-1369/2025] 6. It is, therefore, ordered that the sentence of the applicant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 07.10.2025 and as and when called upon to do so. 7. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J BRIJ MOHAN GANDHI 77/32