HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.2341/2025 In S.B. Criminal Appeal No. 3036/2025 1. Malkha Singh Son of Ramnath, Aged About 57 Years, Resident Of Fatehpura, Police Station, Kishanganj, District Baran (Rajasthan). 2. Brijmohan Son of Madanlal, Aged About 52 Years, Resident Of Dugair, Police Station, Kishanganj, District Baran (Rajasthan). (Presently Confined In Central Jail, Kota) ----Accused Appellants Versus The State of Rajasthan, through PP ----Respondent For Appellant(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Rajesh Choudhary, GA cum AAG with Mr. Aman Agarwal Ms. Neha Goyal Mr. Shree Ram Dhaker, DGC Mr. Samarth Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Judgment / 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-applicants (for brevity, “the applicants”) alongwith the appeal. The applicants have been convicted and sentenced by the learned District and Sessions Judge, Baran (for short, ‘the learned trial Court’) vide judgment dated 29.10.2025 passed in Sessions Case No.109/2023 (CIS No.109/2023) as under:- 1. Under Section 326 IPC: Four years and six months’ rigorous imprisonment and fine of ₹20,000/- each in default thereof, three months’ additional simple imprisonment. (2 of 3) [CRLAS-3036/2025] Learned counsel for the applicants submits that out of sentence of four years and six months awarded to them, they have already remained in custody for a period of more than two years and nine months and hearing of the appeal is likely to take time. He, therefore, prays for suspension of substantive sentence awarded to them vide judgment impugned dated 29.10.2025 during pendency of the appeal. Per contra, learned Government Advocate cum Additional Advocate General assisted by learned counsel for the complainant opposed the prayer. Heard. Considered. A perusal of the judgment impugned dated 29.10.2025 reflects that while acquitting the accused-applicants of the charge under Section 302 IPC or in alternative under Section 302/149 IPC, they have been convicted under Section 326 IPC and sentenced as stated hereinabove. The applicants have already served the sentence for a period of about two years and nine months out of the total substantive sentence of four years and six months and hearing of the appeal is likely to take time. In view thereof, we deem it just and proper to allow the application for suspension of sentence filed by the applicants. Accordingly, the suspension of sentence application is allowed. Substantive sentences awarded to the applicants by the learned trial Court vide judgment dated 29.10.2025 shall remain suspended during pendency of the appeal and the applicants-1 Malkha Singh Son of Ramnath & 2. Brijmohan Son of Madanlal shall be released on bail provided each of them furnish bail bonds to the satisfaction of the learned trial Court to the (3 of 3) [CRLAS-3036/2025] effect that they shall appear before this Court on or before 23.02.2026 and as and when called upon to do so till disposal of the appeal and subject to the following conditions:- 1. That they will appear before the learned trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants change the place of residence, they will give in writing their changed address(es) to the learned trial Court as well as to their learned counsel in the High Court who shall, in turn, inform this Court. 3. Similarly, if the sureties change their address(es), they will give in writing their changed address to the learned trial Court. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file(s). Such file(s) be registered as Criminal Misc. Case relating to original case in which the accused-applicants were 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 case in the learned trial Court. In case, the said accused-applicants 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 Manish/5