[2026:RJ-JP:16472] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 422/2026 In S.B. Criminal Appeal No.479/2026 1. Ramavtar @ Bodalla Son Of Prem Singh, Resident Of Padaka, Police Station Saipau, District Dholpur. (At Present Confined In District Jail, Dholpur) 2. Ramnaresh Son Of Prem Singh, Resident Of Padaka, Police Station Saipau, District Dholpur. (At Present Confined In District Jail, Dholpur) 3. Ashok Son Of Prem Singh, Resident Of Padaka, Police Station Saipau, District Dholpur. (At Present Confined In District Jail, Dholpur) ----Appellants Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Anil Jain with Mr. Udit Sapra For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Navdeep Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI rder 18/04/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Sessions Judge, Dholpur vide its judgment dated 09.02.2026 in Sessions Case No.35/2025, whereby the applicant-appellants were convicted for the alleged [2026:RJ-JP:16472] (2 of 3) [SOSA-422/2026] offence(s) & sentenced to undergo maximum period of five years simple imprisonment with fine. Learned counsel for the applicant–appellants submits that the applicants remained in custody for a certain period during the course of trial and were subsequently enlarged on bail and, presently, they are behind the bars since 09.02.2026. Counsel further submits that, in the alleged incident, the injuries sustained by Mahesh Kumar are of a simple nature, as is evident from the medical expert as well as the injury report, both of which establish the said injuries to be simple. Counsel further submits that both parties have instituted cross-cases against each other and the petitioner had lodged a cross-FIR bearing No.120/2015 at Police Station Saipau, wherein the complainant was found guilty and given the benefit of probation. Counsel further submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal. [2026:RJ-JP:16472] (3 of 3) [SOSA-422/2026] Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Ramavtar @ Bodalla Son Of Prem Singh, Ramnaresh Son Of Prem Singh & Ashok Son Of Prem Singh, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnish a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that they shall appear before this Court on 19.05.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /42