[2026:RJ-JP:31182-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 301/2026 CNR: RJHC020144032026 | URN: SOSA / 625U / 2026 In D.B. Criminal Appeal No.94/2025 Prahlad Son Of Kaluram, Resident Of Dhani Aredi, Tan Samota Ka Bas, Thikariya Police Station Ringus, District Sikar (Rajasthan) (At Present In District Jail, Sikar) ----Accused/Appellant Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajesh Kumar Sharma with Ms. Kamini Pareek For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 10/08/2026 This suspension of sentence application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-applicant (for brevity, “the applicant”) alongwith the appeal. The applicant has been convicted and sentenced by the learned Additional District and Sessions Judge, Srimadhopur, District Sikar (for short, ‘the learned trial Court’) vide judgment dated 07.02.2025 passed in Sessions Case CIS No.02/2023 as under:- [2026:RJ-JP:31182-DB] (2 of 4) [SOSA-301/2026] 1. Under Section 449 IPC: Ten years’ rigorous imprisonment and fine of Rs.5,000/-; in default whereof, six months’ additional simple imprisonment. 2. Under Section 302 IPC: Life imprisonment and fine of Rs.10,000/-; in default whereof, one year’s additional simple imprisonment. Sentences to run concurrently. Learned counsel for the applicant submits that he has falsely been implicated in this case. He submits that his conviction has been recorded relying primarily upon the testimony of Smt. Santosh (PW8)- an alleged eye witness and wife of the deceased whereas, in her cross-examination, she has categorically admitted not to have seen the applicant hitting the deceased. He further contends that it is a case of single injury by a blunt weapon. Learned counsel submits that the applicant is in custody for a period of almost four years, hearing of the appeal is likely to take time and prays for benefit of suspension of sentene. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. A perusal of the evidence available on record shows that the prosecution has relied upon the testimony of Lalchand (PW4), Sanju Verma (PW5), Pinki (PW7) and Smt. Santosh (PW8)-son, daughter, grand-daughter and wife of the deceased respectively as the eye-witnesses but, they all have admitted during their cross- examination not to have seen the applicant inflicting injury on the person of the deceased. The applicant is in custody for a period of almost four years and hearing of the appeal is likely to take time. [2026:RJ-JP:31182-DB] (3 of 4) [SOSA-301/2026] In view thereof, we are inclined to allow the suspension of sentence application. Resultantly, the suspension of sentence application is allowed. Substantive sentences awarded to the applicant by the learned trial Court vide judgment dated 07.02.2025 shall remain suspended during pendency of the appeal and the applicant- Prahlad Son Of Kaluram shall be released on bail provided that he furnishes bail bonds to the satisfaction of the learned trial Court to the effect that he shall appear before this Court on or before 11.09.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:- 1. That he will appear before the learned 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, he will give in writing his changed address to the learned trial Court as well as to the learned counsel in the High Court who shall, in turn, inform this Court. 3. Similarly, if the surety(ies) change(s) his/their address(es), he/they will give in writing his/their changed address to the learned trial Court. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file(s). Such file(s) be registered as Criminal Misc. Case relating to original case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file(s) shall not be taken into account for statistical purpose relating to pendency and disposal of the cases in the learned trial Court. In case, the said accused-applicant does not appear before the learned trial Court, the learned trial Judge shall report the [2026:RJ-JP:31182-DB] (4 of 4) [SOSA-301/2026] matter to the High Court for cancellation of benefit extended by this order. (PRAMIL KUMAR MATHUR),J (MAHENDAR KUMAR GOYAL),J 11/DIKSHA