[2026:RJ-JP:4227] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 4th Suspension of Sentence Application (Appeal) No. 2443/2025 In S.B. Criminal Appeal No.248/2023 Sujan Singh Son Of Bhairu Singh, Aged About 39 Years, R/o Nanor, Police Station Bakani, District Jhalawar (Rajasthan). (At Present Confined In District Jail Jhalawar) ----Appellant-applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/01/2026 1. The instant 4th application for suspension of sentence is preferred by the appellant-applicant accused Sujan Singh son of Bhairu Singh (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from order of conviction and sentence dated 27.01.2023 in Sessions Case No.14/2022 passed by learned Additional Sessions Judge, Jhalawar, whereby appellant was convicted for offence under Sections 326, 307 IPC and 4/25 of Arms Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material [2026:RJ-JP:4227] (2 of 5) [SOSA-2443/2025] contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. 3. Learned counsel for the appellant submits that the first suspension of sentence application was dismissed on 07.08.2023 and second on 31.05.2024. He further submits that the maximum sentence awarded to the present appellant is seven years and currently he has undergone more than 3 years, 7 months and 10 days of his sentence. He also submits that total five criminal cases were registered against the appellant and out of which, except one or two, all were disposed of. He further submits that the disposal of appeal will take its own time. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 5. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 6. The first suspension of sentence application of the present appellant was dismissed by this Court on 07.08.2023 on following grounds:- “A perusal of record indicated that appellant was released on bail in pursuance of order dated 24.08.2022 in S.B. Criminal Misc. 2nd Bail Application No. 9989/2022. Also considered the fact that five criminal cases including present one were registered against appellant and out of which two are pending before the court. The medical jurist was examined as PW-6 before learned trial court wherein he opined that both injuries first on oxoparietal area of head and other amputation of right thumb mid part were grievous and dangerous to life. Also considered his cross-examination [2026:RJ-JP:4227] (3 of 5) [SOSA-2443/2025] wherein injured was examined as PW-1 before the trial court and he named present appellant for both blows inflicted by sharp object. The reason was that in one of the matters, this PW-1 was witness against present appellant wherein appellant was charged under Section 376 IPC.” 7. Second suspension of sentence was again considered by this Court and same was dismissed on 31.05.2024. One interim application for suspension of sentence was also submitted by the appellant and same was allowed on 28.08.2024. 8. The maximum sentence awarded to the present appellant is seven years under Section 307 of IPC and as per latest custody certificate, the appellant has undergone more than 3 years, 7 months and 10 days, which is actual period of custody and does not include remission. Total five criminal cases were registered against the present appellant though there is no record about disposal of these five cases but is is hard fact that the appellant has already served more than 50% of the awarded sentence. 9. In repolicy strategy of grant of bail SMWP (Criminal) No.04/2021 (order dated 08.05.2025) while considering the judgments in case of Bhagwam Rama Shinde Gosai And Ors vs State Of Gujarat (1999) 4 SCC 421, NCB Vs. Lakhwinder Singh 2025 SCC Online SC 366 and Atul vs The State Of Madhya Pradesh (2024) 3 SCC 363 Hon’ble Supreme Court has observed that when there is a fixed period of sentence, normally the power of suspension of sentence under Section 389 Cr.P.C. should be exercised liberally, unless there are exceptional circumstances brought on record. [2026:RJ-JP:4227] (4 of 5) [SOSA-2443/2025] 10. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 11. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The 4th SOS application filed under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Sujan Singh son of Bhairu Singh is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/-with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 30.03.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. [2026:RJ-JP:4227] (5 of 5) [SOSA-2443/2025] 12. Misc. Application stands disposed of. 13. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J MR/11