HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.1419/2025 In S.B. Criminal Appeal No.1617/2025 Mahendra S/o Ramkhiladi, R/o Village Unapur Police Station Weir, District Bharatpur (Accused Appellant Is Confined At Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Jaipur ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. Amit Kumar Gupta, Dy.GA/PP Mr. Taun Jain JUSTICE ANOOP KUMAR DHAND Order 15/10/2025 1. Counsel for the appellant submits that the appellant has been found guilty for the offences punishable under Sections 148, 341, 323, 324, 325 and 307 IPC with the aid of Section 149 IPC and he has been sentenced to undergo 10 years imprisonment. Counsel submits that none of the injured have sustained any dangerous to life injury. Counsel submits that the appellant was bail during the course of trial and now he is undergoing sentence since the date of judgment i.e. 21.05.2025 and disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal. (2 of 3) [SOSA-1419/2025] 2. Per contra, learned Public Prosecutor as well as the counsel for the complainant opposed the arguments raised by counsel for the appellant. 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 appellant and looking to the fact that none of the injured have sustained any dangerous to life injury and the appellant is in custody since the date of judgment and he was on bail during the course of trial and looking to the fact that disposal of the appeal is likely to take time, therefore, without making any comments on merits and demerits of the case at this stage, this Court is inclined to suspend the sentence awarded to the accused-appellant. 5. 5. Accordingly, the application for suspension of sentence filed by the applicant-appellant is allowed and the sentence awarded by the Court of Special Judge, SC/ST (Prevention of Atrocity) Cases, Bharatpur vide judgment dated 21.05.2025 in Sessions Case No.80/2016 against the appellant-Mahendra S/o Ramkhiladi shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes 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 17.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- (3 of 3) [SOSA-1419/2025] 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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. Appellant shall deposit a fine amount as imposed by the learned trial Court. 5. In case the applicant-appellant is 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-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original case in which the accused-appellant was 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-appellant does 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/90