HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2072/2025 Mohammad Akram S/o Raj Mohammad, Aged About 30 Years, Resident Of Dhinga, Tehsil Pilibanga, District Hanumangarh, Rajasthan ----Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Kuldeep Sharma For Respondent(s) : Mr. Sameer Pareek, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

27/08/2025 IN S.B. Criminal Appeal (SB) No. 207 2 /2025 :-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of Sentence No.15 83 /2025:-

1. Heard learned counsel for the appellant-applicant as well as learned Public Prosecutor and perused the material available on record.

2. Learned counsel for the appellant-applicant submits that out of the five accused, the learned Trial Court has acquitted all other accused and only appellant-applicant has been convicted for the offences punishable under Sections 341, 323 and 382 IPC with punishment of three years simple imprisonment. He submits that the sentence has already been suspended by the learned Trial Court itself for a period of 30 days and the appellant-applicant was on bail during the course of trial. He further submits that there is no chance of hearing of the appeal in near future. In these circumstances, he prays that the appellant-applicant may be released on bail by allowing suspension of sentence application.

3. Per Contra, learned Public Prosecutor opposes the application for suspension of sentence and submits that considering the nature of the offence, the appellant-applicant is not entitled to any indulgence by this Court. He further submits that the learned Trial Court after considering the entire evidence has thereafter passed the order impugned convicting the appellant-applicant.

4. Upon consideration of the arguments advanced on behalf of both the sides and having regards to the facts and circumstances of the case, as well as the fact that four persons have been acquitted and only appellant-applicant has been convicted, that too, with a maximum punishment of three years simple imprisonment, and so also the fact that the appellant-applicant was on bail during the course of trial and the fact that the chances of hearing of the appeal in near future is bleak, this Court deems it appropriate to suspend the sentence awarded to the accused-

appellant.

5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (Old Provision Section 389 of C.P.C.) is allowed and it is ordered that the sentence passed by the learned Additional District and Session Judge No.2, Hanumangarh, vide judgment dated 31.07.2025 in Sessions Case No.71/2018, against the appellant-applicant Mohammad Akram S/o Raj Mohammad, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 03.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

6. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disp