State Of Rajasthan, Through Public Prosecutor v. For

Smt. Reshma Bano Wife Of Ajam Khan, Resident Of Bahted, Police Station Malarna Doongar, District Sawai Madhopur (Raj). ( At Present Accused Appellant Confined In Bharatpur Jail). State Of Rajasthan, Through Public Prosecutor. Versus ----Petitioners ----Respondent For Petitioner(s) : Mr. K.K. Bhinda For Respondent(s) : Mr. Rajneesh Gupta with Mr. Rahul Shrma Mr. Heramb Saraswat Mr. Uttkarsh Goyal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 18/07/2025 Order

1. The instant application for suspension of sentence is pre- ferred by appellants – Siraj Khan Son of Saddik Khan, Smt. Noor Bano Wife of Siraj Khan and Smt. Reshma Bano wife of Ajam Khan in pending appeal, filed aggrieved from order of con- [2025:RJ-JP:26891] (2 of 5) [SOSA-1254/2025] viction and sentence dated 21.06.2025 in Sessions Case No. 28/2021 passed by learned Additional Sessions Judge, Sawai Mad- hopur, whereby appellants were convicted for offence under Sec- tions 148, 341, 323/149, 504/149, 308/149 and 304-II/149 IPC and further sentenced with maximum imprisonment of 6 years.

2. Learned counsel for appellant while relying upon ground of appeal submits that appellants are innocent persons and they are falsely implicated by complainant party due to previous animosity between them. He further submits that appellant No.1 is 72 years old whereas appellant Nos. 2 and 3 are females and they were ar- rayed as an accused with aid of Section 149 IPC. He further sub- mits that no specific attribution to injury is made upon any of the appellant but these are only arrayed as they are family members of accused. He further submits that these appellants was on bail during trial and disposal of appeal will take its own time. He also submits that criminal antecedents against Siraj Khan and submits that four cases are registered against him and all are disposed of and one case is registered against Noor Bano and Reshma Bano respectively and they both were acquitted by the trial Court.

3. Aforesaid contentions were opposed by learned Public Prose- cutor and learned counsel for complainant.

4. Learned counsel for complainant has submitted that due to a specific modus operandi adopted by learned counsel for appellant out of convicted accused the application for suspension of sen- tence is filed only on behalf of 3 but if application for suspension of sentence is granted to these three appellants then on ground of parity other will approach to this Court to seek bail. He further re- ferred the evidence particularly post mortem report and submits [2025:RJ-JP:26891] (3 of 5) [SOSA-1254/2025] that deceased Sabila was assaulted by Noor Bano. He further sub- mits that presence and involvement of Siraj Khan and Smt. Reshma Bano is proved from evidence on record and no case is made out to release these appellants on bail. At last, he referred the Division Bench appeal filed before this Court to challenge ac- quittal from charge under Section 302 IPC and submits that the Trial Court has erroneously interpreted the evidence on record while recording acquittal of appellants-accused and other accused from charge under Section 302 IPC. He also referred history sheet of one of the accused involved in the incident and submitted that accused party is having criminal antecedents.

5. Heard learned counsels for the parties and learned Public Prosecutor. Perused the record.

6. On basis of report submitted by Mohd. Shakir PW-2 about assault resulting in death of Sabila, FIR No. 382/2020 under Sec- tions 147, 148, 149, 341, 323, 307, 302, 504 IPC was registered at P.S. Malarna Doongar Dist. Sawai Madhopur. After investigation, police has filed a charge-sheet against 7 persons and out of 7 per- sons one of the accused Bablu has absconded and declared as ab- sconder. After framing the charge, the prosecution has examined 30 witnesses and exhibited 28 documents. The accused were ex- amined under Section 313 Cr.P.C. but they have not submitted any defence evidence and exhibited 21 documents in defence. These accused were convicted by the Trial Court and the maximum sen- tence awarded to present appellant is 6 years.

7. The age of one of the appellant Siraj Khan is approximately 70 years whereas other two appellants Smt. Noor Bano and Reshma Bano are females. The record submitted by learned Public [2025:RJ-JP:26891] (4 of 5) [SOSA-1254/2025] Prosecutor indicate that four cases were registered against Siraj Khan and one case was registerd against Noor Bano and Reshma Bano. The order of Appellate Court in a matter arising out of FIR No. 82/2014 indicate that Siraj Khan, Noor Bano and Reshma Bano were acquitted by the Appellate Court but convicted by the Trial Court. Similarly, in one of the matter, the matter was com- promises between the parties in a matter arising out of FIR No. 44/05 has been disposed of.

8. These appellants-accused have initially faced charges under Section 302 read with Section 149 IPC but learned Trial Court has acquitted all the appellants from charge under Section 302 read with Section 149 IPC. The record also indicate that there was a cross-case and in cross-case also the Trial Court has passed an or- der of conviction and an appeal is filed before this Court.

9. We have gone through the judgment passed by the Trial Court and at this stage it is not possible for us to express any opinion on the merits of the case, but considering the fact that these appellants were on bail during trial and two appellants are females and one is a senior citizen, therefore, it is appropriate to allow application for suspension of sentence of these appellants- accused.

10. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of applicants-accused Siraj Khan Son of Saddik Khan, Smt. Noor Bano Wife of Siraj Khan and Smt. Reshma Bano wife of Ajam Khan is suspended till disposal of appeal with the condition that each of them would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the [2025:RJ-JP:26891] (5 of 5) [SOSA-1254/2025] satisfaction of the learned trial Judge for their appearances in this Court on 12.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That the appellants-accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.

2. That the appellants will appear before the Trial Court in the month of January of every year till the appeal is decided.

3. That if the appellants changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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

11. In case, the applicants have violated any condition then the order of suspension of sentence shall be recalled and cancelled.

12. Misc. Application stands disposed of.

13. A copy of this order be sent to learned trial court through E- mail. MONU /12 (ASHOK KUMAR JAIN),J