[2026:RJ-JP:3240-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 162/2025 D.B. Criminal Appeal No.415/2024 Buddhiprakash Son Of Radheyshyam Meena, Aged About 23 Years, Resident Of Binayka Police Station Itawa District Kota Rural (At Present In Central Jail, Kota) ----Accused-Appellant/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Suresh Kuamr Sahni assisted by Mr. Bhim Singh Meena For Respondent(s) : Mr. Shree Ram Dhakar, PP Ms. Neha Goyal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 23/01/2026 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 Sessions Judge No. 3, Kota (for short, ‘the learned trial Court’) vide judgment dated 19.10.2024 passed in Sessions Case No.71/2022 as under:- 1. Under Section 302/34 IPC: Life imprisonment and fine of ₹25,000/- in default thereof, six months’ imprisonment. [2026:RJ-JP:3240-DB] (2 of 4) [SOSA-162/2025] 2. Under Section 323/34 IPC: Six months’ rigorous imprisonment and fine of ₹1,000/- in default whereof, one month’s imprisonment. 3. Under Section 325/34 IPC: Three years’ rigorous imprisonment and fine of ₹5,000/- in default whereof, two months’ imprisonment. All the substantive sentences to run concurrently. Learned Senior counsel assisted by Shri Bhim Singh Meena for the applicant contends that he has falsely been implicated in the case. Inviting attention of the Court towards the prosecution evidence, he submits that the allegation against him is of inflicting blow with “Kutiya” (a curved sharp edged weapon); but, the deceased has received injuries only by blunt weapon which is also reflected from the testimony of Dr. Dinesh Meena (PW4)-a member of Medical Board who conducted the autopsy. He further submits that even it is not recorded in the opinion of the Medical Board that injuries received by the deceased were sufficient to cause his death. Learned Senior counsel assisted by Shri Bhim Singh Meena further submits that similarly situated co-accused namely Dinesh S/o Radheyshyam Meena, who was also convicted under Section 302/34 IPC, has already been extended benefit of suspension of sentence by a Coordinate Bench of this Court vide order dated 13.01.2025. He, therefore, prays for suspension of sentence awarded to him vide judgment dated 19.10.2024 by the learned trial Court. Per contra, learned Public Prosecutor opposed the prayer. Heard. Considered. [2026:RJ-JP:3240-DB] (3 of 4) [SOSA-162/2025] Indisputably, the allegation against the applicant is of inflicting injuries on the body of the deceased with a curved sharp edged weapon; but, no such corresponding injury was found on his body. He has been convicted under Section 302 IPC with the aid of Section 34 IPC and similarly situated co-accused Dinesh S/o Radheyshyam Meena has already extended benefit of suspension of sentence by a Coordinate Bench of this Court vide order dated 13.01.2025 observing that although, allegation against him was of using a knife; but, there was no corresponding incised/stab wound and he has remained in custody for a period of more than three years. Learned Public Prosecutor could not satisfy us that case of the applicant is distinguishable from the case of co-accused Dinesh S/o Radheyshyam Meena. Moreover, the applicant has remained in custody for a period of four years. In view of aforesaid, we are inclined to allow the suspension of sentence application. Accordingly, substantive sentences awarded to the accused- applicant Buddhiprakash Son Of Radheyshyam Meena by the learned trial Court vide judgment dated 19.10.2024 shall remain suspended during pendency of the appeal and he shall be released on bail provided 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 24.02.2026 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(es) to the learned trial Court as well [2026:RJ-JP:3240-DB] (4 of 4) [SOSA-162/2025] as to the learned counsel in the High Court who shall, in turn, inform this Court. 3. Similarly, if the surety(ies) changes 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 do not appear before the learned trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of benefit extended by this order. (CHANDRA PRAKASH SHRIMALI),J (MAHENDAR KUMAR GOYAL),J Tahir/10