[2026:RJ-JP:26847-DB] uHIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 359/2026 In D.B. Criminal Appeal No. 83/2026 URN: SOSA / 742U / 2026 1. Bhagirath Son Of Shri Sureshchand, 2. Bhura @ Bhurisingh Son Of Shri Sureshcand, 3. Rambharosi Son Of Shri Arjun Singh, All are Resident of Jaroli, Police Station Kaulari, District Dholpur (Raj.) (Presently the accused-appellants are confined in Central Jail Sewar, District Bharatpur) ----Accused-Appellants Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Ms. Chanchal For Respondent(s) : Mr. Amit Kumar Punia, P.P. Mr. Dheeraj Singhal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE RAVI CHIRANIA Order 15/07/2026 Learned Public Prosecutor has submitted the custody certificate of applicants Bhagirath, Rambharosi and Bhura @ Bhuri Singh, which are taken on record. 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 [2026:RJ-JP:26847-DB] (2 of 4) [SOSA-359/2026] learned Sessions Judge Dholpur (Raj.) (for short, ‘the learned trial Court’) vide judgment dated 11.02.2026 passed in Sessions Case No.13/2019 (CIS No.13/2019) as under:- 1. Under Section 307/149 IPC: Life imprisonment and fine of ₹5,000/- in default thereof, one month's simple imprisonment. 2. Under Section 452 IPC: One year's simple imprisonment and fine of ₹5,000/- in default thereof, one month’s simple imprisonment. 3. Under Section 148 IPC: One year's simple imprisonment and fine of ₹1,000/- in default thereof, one month's simple imprisonment. All the substantive sentences to run concurrently. Learned counsel for the applicants, inviting attention of this Court towards the statement of Vijendra Singh (PW-7) and Naveen (PW-8), would submit that they did not attribute the gun-shot causing injuries to them but to the co-accused persons who are not before this Court. He submits that the injury on the body of Naveen was found to be simple in nature. He contends that there is absence of any allegation against them of inflicting injury on the body of the injured rather, the allegation of loot against them, was not found to be substantiated even by the investigating agency. Learned counsel submits that the applicants were on bail during the trial with no allegation of its misuse, hearing of the appeal is likely to take time and therefore, prays for suspension of substantive sentence awarded to them. Although, learned Public Prosecutor, assisted by learned counsel for the complainant, opposed the prayer but could not [2026:RJ-JP:26847-DB] (3 of 4) [SOSA-359/2026] dispute the factual position as canvassed by the learned counsel for the applicants. Heard. Considered. Taking into consideration the contentions advanced by learned counsel for the applicants, the statement of Vijendra Singh (PW-7) and Naveen (PW-8) and their injury report, this Court finds that there is no allegation against the applicants of inflicting any bodily injury to them. They were on bail during the trial and there is no allegation of misuse of their liberty. There is no possibility of the hearing of the appeal taking place in near future. In the conspectus of aforesaid analysis, we deem it just and proper to allow the suspension of sentence application. Accordingly, the suspension of sentence application is allowed. Substantive sentence awarded to the applicants (1) Bhagirath S/o Shri Sureshchand, (2) Bhura @ Bhurisingh S/o Sh. Sureshchand and (3) Rambharosi S/o Shri Arjun Singh by the learned trial Court vide judgment dated 11.02.2026 shall remain suspended during pendency of the appeal and they shall be released on bail provided each of them furnishes bail bonds to the satisfaction of the learned trial Court to the effect that they shall appear before this Court on or before 14.08.2026 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 [2026:RJ-JP:26847-DB] (4 of 4) [SOSA-359/2026] 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 cases 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. (RAVI CHIRANIA),J (MAHENDAR KUMAR GOYAL),J 93/Monika