[2026:RJ-JP:3422] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 64/2026 In S.B. Criminal Appeal No.897/2025 Omi @ Omprakash @ Kahtu S/o Hukamsingh, R/o Majajpur, Police Station Bhusawar, District, (Raj.) (At Presentconfined In Central Jail, Sewar Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Asgar Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/01/2026 1. These applications for suspension of sentence were preferred by accused Omi @ Omparkash @ Khatu in pending appeal filed aggrieved from judgment of conviction and sentence dated 25.03.2025 in sessions case No. 54/2018 passed by learned Special Judge, Dacoity Affected Area, Bharatpur, whereby the appellant-accused was convicted and sentenced under Sections 148, 332/149, 353/149, 395/149, 307/149 and 427/149 of IPC. 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 [2026:RJ-JP:3422] (2 of 5) [SOSA-64/2026] material 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 appellant submits that out of 18 criminal cases registered against the petitioner, 13 cases have been disposed and he submitted details with copies of judgments. He also submitted that after dismissal of first SOS by this Court on 22.05.2025, the appellant has undergone more than 8 months. He further submitted that till date appellant has undergone more than 32 months against awarded sentence of 7 years. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. On basis of report Ex. P-1 dated 24.08.2018 by PW-2 Rakesh Singh about incident of assault on 23.08.2018 with him and Mahaveer FIR No. 426/2018 under Sections 147, 148, 149, 307, 332, 353, 395 and 427 IPC was registered at P.S. Bhusawar District Bharatpur. After investigation police has filed charge-sheet against Ranjeet, Babu, Maharaj, Shivsingh @ Shibbo and Omi @ Omprkash @ Khatu but kept investigation pending in respect of Chiluk, Pilot and Mahesh under Section 173(8) of Cr.P.C. After framing the charge, the prosection has examined 18 witnesses and exhibited 53 documents. The accused were examined under Section 313 [2026:RJ-JP:3422] (3 of 5) [SOSA-64/2026] Cr.P.C. but they have not submitted any defence evidence, however exhibited 3 documents. These appellants were convicted and sentenced and maximum sentence awarded to present appellant is 7 years. 7. While considering first SOS on 22.05.2025, this Court has allowed SOS application of Maharaj and Ranjeet and allowed second SOS of Babu on 10.10.2025. The second SOS of Shivsingh was allowed on 02.12.2025. The appellant has undergone more than 2 years 8 months out of awarded sentence of 7 years. Learned counsel for appellant has submitted record of 18 criminal cases whereby 13 cases have been disposed of. 8. 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. 9. 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. [2026:RJ-JP:3422] (4 of 5) [SOSA-64/2026] 10. 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 application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Omi @ Omparkash @ Khatu is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.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 on every second and fourth Tuesday of every month till the appeal is decided. 3. That if the applicant(s) 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. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. [2026:RJ-JP:3422] (5 of 5) [SOSA-64/2026] 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /02