The court can suspend a jail sentence if the severity of injuries does not justify a conviction under attempted murder charges.

Heard on I.A.No.5523/2025 an application under Section 430(1) of BNSS for suspension of sentence and grant of bail to appellants.

The appellants have been convicted under Sections 307 /34 of IPC and sentenced to undergo RI for 10 years with fine of Rs.10,000/- each and under Section 325 /34 of IPC and sentenced to undergo RI for 7 years with fine of Rs.10,000/- each, with default stipulations.

Learned senior counsel for the appellants after referring to testimonies of Lalla Sheikh, Mustakina Khatoon and Dr. Atul Singh Tomar submits that injured Lalla Sheikh has sustained two lacerated wounds over nose as well as forehead and one bruise over right side of the chest. Injured Mustakina Khatoon has sustained two bruises, one on left side of the head and one bruise on left forearm. It is urged that as per medical reports, injured Lalla Sheikh has sustained fracture over nose and Mustakina Khatoon has sustained fracture over forearm. Thus, no fracture has been sustained on any vital part of the body. There are no incised wounds, though Tangi has been used to assault victims. Thus, prima facie no offence under Section 307 of Signature Not Verified Signed by: MANZOOR IPC is made out. It is also urged that appellants are in jail since 22.2.2025. It is also urged that final hearing of this appeal is not possible in near future. Thus, it is prayed that the remaining jail sentence of the appellants may be suspended.

Learned counsel for the State as well as objector on the other hand have opposed the application on the ground that from evidence adduced by the prosecution, offence under Section 307 of IPC is clearly made out. Thus, it is prayed that the remaining jail sentence of the appellants be not suspended.

Considering the facts and circumstances of the case and the fact that the final hearing of this appeal is not possible in near future, I deem it proper to suspend the jail sentence of the appellants.

Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants is hereby suspended and it is directed that the appellants be released on bail on their furnishing a personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the concerning trial court on 25.09.2025 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.