HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2767/2025

1. Mohammad Imran S/o Nek Mohammad, Aged About 26 Years, 28, Bishtiyon Ki Gali, Navlakha Road, Pali, Ps Kothawali, Distt. Pali.

2. Mohammad Saleem S/o Mohammad Aslam, Aged About

24 Years, 01, Chiraniyon Ka Bas, Pali Ps Kothwali, Distt Pali.

3. Mohammad Tofiq Alias Farman S/o Mohammad Hussain, Aged About 18 Years, 30, Bishtiyon Ki Gali, Navlakha Road, Pali, Ps Kothwali, Distt Pali.

4. Mohammad Hussain S/o Alladin, Aged About 52 Years, 12, Bishtiyon Ki Gali, Navlakha Road, Pali, Ps Kothwali, Distt Pali.

5. Mohammad Irfan Alias Bablu S/o Mohammad Aslam, Aged About 28 Years, 01, Chiraniyon Ka Bas, Old Bus Stand, Pali, Ps Kothwali, District Pali.

6. Nek Mohammad S/o Jamaluddin, Aged About 52 Years, 28, Bishtiyon Ki Gali, Navlakha Road, Pali, Ps Kothwali, Distt Pali.

7. Mohammad Aslam S/o Kalu Khanji, Aged About 53 Years, 01, Chiraniyon Ka Bas, Pali, Ps Kothwali, Distt Pali.

----Appellants Versus State Of Rajasthan, Through P.p.

----Respondent For Appellant(s) : Mr. Ramdev Rajpurohit For Respondent(s) : Mr. Sriram Choudhary, PP HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

11/12/2025 S.B. Criminal Appeal (SB) No. 2 767 /2025:-

1. Admit

2. Issue notice.

3. Call for the record.

S.B. Criminal Misc. Suspension of Sentence Application Nos. 2 340 /2025 :-

1. The instant application for suspension of sentence has been moved on behalf of the applicants-appellants against the judgment and order dated 28.11.2025 passed by the learned Sessions Judge, Pali (for short, ‘the trial Court), in Sessions Case No.243/2023, whereby the applicants-appellants were convicted and sentenced as under :-

Offence Sentence Fine

147 IPC 1 month S.I Rs.500/- and in default of which to further under go imprisonment of 7 days S.I.

148 IPC 9 months S.I. Rs.1000/- and in default of which to further undergo imprisonment of

1 month S.I.

341/149 IPC 1 month S.I. Rs.500/- and in default of which to further undergo imprisonment of 7 days S.I.

323/149 IPC 6 months S.I. Rs.10,000/- and in default of which to further undergo imprisonment of

1 month’s S.I.

324/149 IPC 3 years S.I. Rs.25,000/- and in default of which to further undergo imprisonment of

6 months S.I.

452/149 IPC 3 years S.I. Rs.5,000/- and in default of which to further undergo imprisonment of

6 months S.I.

All the sentences were ordered to run concurrently.

2. It is contended on behalf of the applicants-appellants that the learned trial Court has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court.

3. Learned counsel for the applicants- appellants submits that the appellants were on bail during trial. The sentences have already been suspended by the learned trial court for one month. He further submits that initially the FIR was lodged against the present applicants-appellants while alleging the offence under Section 307 IPC, however after investigation and conclusion of trial appellants have been convicted for the offfences under Sections 147, 148, 341/149, 323/149, 324/149 and 452/149 of IPC. He further submits that there is no criminal antecedents against the appellants and they were granted anticipatory bail after the registration of the FIR in the present case. On the basis of these submissions, learned counsel submits that the applicants- appellants deserve to be enlarged on bail by suspending the sentences awarded to them.

4. Per contra, learned Public Prosecutor has vehemently opposed the prayer made on behalf of the applicants-appellants for suspension of sentence.

5. Heard learned counsel for the parties and perused the material available on record.

6. Considering the facts stated above and particularly the fact that the applicants-appellants were on bail during trial; they were extended the benefit of anticipatory bail so also the fact that sentences have already been suspended b