[2026:RJ-JP:10456]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.32/2026 In S.B. Criminal Appeal (Sb) No. 38/2026

1. Rakesh Kumar Dhakad Son Of Mukut Bihari, Resident Of Khohra Pidawali, Police Station Jheel, District Bharatpur (Rakasthan). (At Present In Central Jail Alwar, Rajasthan)

2. Pramod Kumar @ Kaalu Son Of Govindsingh, Resident Of Nayabas, Near Shakar Ki Kooi Police Station Aravali Vihar, Alwar. (At Present In Central Jail Alwar, Rajasthan)

3. Akash Saini Son Of Kailash Chand Saini, Resident Of Manu Marg, Shahji Wala Kuan, Police Station Kotwali, District Alwar. (At Present In Central Jail Alwar, Rajasthan)

----Appellants Versus The State Of Rajasthan, Through Public Prosecutor.

----Respondent Connected With S.B. Criminal Misc. Suspension of Sentence Application No.2575/2025 In S.B. Criminal Appeal (Sb) No. 3293/2025 Satyendra Kumar Son Of Tej Singh, Resident Of Opposite Nadbai Police Station, Peechla Gaon, Baroli Chhar, District Bharatpur (Raj.). (At Present Confined In Central Jail Alwar)

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

----Respondent S.B. Criminal Misc. Suspension of Sentence Application No.2576/2025 In S.B. Criminal Appeal (Sb) No. 3294/2025 Kaushlendra Kumar @ Kaushal S/o Girraj, R/o Badeera, Police Station Nadbai, District Bharatpur (Rajasthan) (Accused Appellant Is Confined In Central Jail Alwar, Rajasthan)

----Appellant Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Misc. Suspension of Sentence Application No.33/2026 In S.B. Criminal Appeal (Sb) No. 39/2026 Dhannjay Sulani S/o Sohanlal, Resident Of Scheme No. 10, House No. 142, 143, P.s. Kotwali, Distt. Alwar. (At Present Lodged In Central Jail, Alwar)

----Appellant Versus State Of Rajasthan, Through Its Public Prosecutor ----Respondent For Appellant(s) : Mr. Harendra Singh Mr. Kapil Bhardwaj Mr. Girish Khandelwal Mr. Shriram Yadav For Respondent(s) : Mr. Sudesh Kumar Saini, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

12/03/2026 Instant applications for suspension of sentence have been preferred on behalf of the applicant-appellants under Section 430 of B.N.S.S. alongwith the appeals, to suspend the sentence awarded by the Court of learned Additional Sessions Judge No.2 Alwar (Raj.) vide its judgment dated 09.12.2025 in Sessions Case No.17/2015, whereby the applicant-appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of five years simple imprisonment with fine.

Learned counsel appearing on behalf of the applicant–

appellants submitted that the applicants had remained in custody for a certain period during the course of the trial and were subsequently released on bail and, presently, they are behind the bars. Counsel further contended that as per the medical expert, the injured persons did not sustain any grievous injuries and the injured persons, namely Ravi, Dilip, and Vishnu, did not suffer any fractures. Counsel further submits that all the appellants are not named in the F.I.R. and the learned Trial Court has not appreciated the facts & circumstances of the case holistically and hearing of these appeals will take their own time, hence, the sentences awarded to the applicant-appellants may be suspended during pendency of the appeals.

Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

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

Taking into consideration the 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 sentences awarded to the applicant-appellants during pendency of these appeals.

Accordingly, the applications for suspension of sentence are allowed and it is, hereby, ordered that the execution of sentences awarded to accused-applicants, namely Rakesh Kumar Dhakad Son Of Mukut Bihari, Pramod Kumar @ Kaalu Son Of Govindsingh, Akash Saini Son Of Kailash Chand S