[2026:RJ-JP:13033] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Suspension of Sentence Application No.416/2026 In S.B. Criminal Appeal No. 2867/2023 Vajid Son Of Shri Raju Khan Alias Bhondu Khan, Aged About 21 Years, Resident Of Sabji Mandi Ke Pass Pachpahad Police Station Bhawani Mandi District Jhalawar (Raj) (At Present Confined In District Jail, Jhalawar) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Somesh Mittal S/o Hari Prakash Mittal, R/o Christian Ganj Dj Court Dictrict Jhalawar ----Respondents For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/03/2026 1. The instant 3rd suspension of sentence application is preferred by the appellant accused in pending appeal filed aggrieved from judgment of conviction and sentence dated 12.09.2023 in Sessions Case No.28/2017 (CIS No.41/2017) passed by learned Special Judge (SC/ST (POA) Act Cases), Jhalawar whereby the appellant accused was convicted under Sections 323/34, 341, 325/34, 307/34, 427/34 IPC and sentenced accordingly. [2026:RJ-JP:13033] (2 of 3) [SOSA-416/2026] 2. Learned counsel for the appellant while relying upon grounds of appeal has submitted that the appellant is an innocent person and he has been falsely implicated. 3. Learned counsel for the appellant submits that first suspension of sentence application of the present appellant was dismissed by this Hon'ble Court on 19.10.2023 and second on 13.11.2025, but since then the appeal has not been considered for hearing. He also submits that the appellant has already served more than 2 years and 7 months in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. 6. First suspension of sentence application of the present appellant was dismissed by this Court after considering entirety and facts and circumstances of the case and we have observed as under:- "Here in this case, injured was examined as PW-2 whereas medical jurist was examined as PW-8 and he exhibited injury report as Ex.P-21 wherein three injuries were found on body of injured (PW-2) and injury No.2 was found to be grievous. A perusal of judgment indicated that present appellants were acquitted from charge under Section 333 IPC but they were convicted under Section 307/34 IPC. These appellants were identified by PW-2 in test identification parade (TIP) conducted by PW-12 and documents were exhibited as Ex.P-12 to Ex.P-14. PW-2 in his deposition named Shekh Haroon as the assailants were threatening him in the name of Shekh Haroon but learned trial court has acquitted Shekh Haroon. Herein the person who allegedly engaged present appellants was acquitted by the trial court. The [2026:RJ-JP:13033] (3 of 3) [SOSA-416/2026] injuries were as a result of official animosity with person already acquitted. Considered aforesaid, I am of considered view that the grounds raised by the appellants can only be considered at the time of final stage but looking to the fact that a person engaged in District Court or the administration of justice was attacked at behest of another person working in the same system so it is unusual but a serious kind of assault, therefore on ground that opinion regarding offence Section 307 IPC was not available on record and the grievous injury was not on vital part, the appellants are not entitled to be released on bail." 7. The maximum sentence awarded to the present appellant is 10 years and he has served approximately 2 years and 7 months. There is a criminal background of the appellant as five criminal cases were registered against the appellant. 8. Considering the material on record, this is not a fit case to enlarge the appellant accused on bail. 9. In view of discussion made hereinabove, the instant third suspension of sentence application preferred by applicant-accused Vajid Son of Shri Raju Khan alias Bhondu Khan, is hereby dismissed. 10. List the criminal appeal for hearing in the month of July, 2026. (ASHOK KUMAR JAIN),J MR/16