Rajasthan High Court – Jaipur
Surendra Singh @ Banna Son Of Kamman … vs State Of Rajasthan on 24 July, 2025
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 231/2025
in
S.B. Criminal Appeal No. 3236/2024
Surendra Singh @ Banna Son Of Kamman Singh
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Narendra Prasad Meena
For Respondent(s) : Mr. Amit Punia
HON’BLE MR. JUSTICE GANESH RAM MEENA
Order
24/07/2025
1. The second suspension of sentence application has been filed
by the applicant/appellant for suspension of the sentence imposed
upon him vide judgment dated 22.11.2024 passed by the Court of
learned Special Judge, SC/ST (Prevention of Atrocities) Act, Ajmer
in Sessions Case No. 3/16 whereby the accused-applicant has
been convicted for offence punishable under Section 307, 341,
323 and 452 of IPC and was sentenced to undergo rigorous
imprisonment of seven years and fine.
2. The first application for suspension of sentence was
dismissed as withdrawn vide order dated 13.12.2024 with liberty
to file fresh.
3. Learned counsel for the applicant submits that the accused-
appellant was on bail during trial. He further submits that two of
the eye witnesses PW-8 and PW-9 have not supported the
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prosecution story and they have turned hostile. He also submits
that the accused-applicant is in custody since conviction and was
on bail during trial. Learned counsel further submits that the
sentence imposed upon the the applicant may be suspended.
4. Learned Public Prosecutor has opposed the submissions
made by learned counsel for the applicant.
5. Heard and considered.
6. On perusal of the evidence available on record, the
allegations against the applicant is of causing injuries on the vital
part of the body of the injured namely; Ramesh and Phool Singh.
As per the medical opinion, both the injuries have been opined to
be dangerous to life.
7. Taking into consideration, the allegations levelled against the
accused-applicant and the evidence of the injured witnesses and
so also the evidence of the Medical Officer to the effect that
injuries inflicted by the applicant are dangerous to life, this Court
is not inclined to suspend the sentence of the accused-appellant.
8. Accordingly, the suspension of sentence application is
dismissed.
(GANESH RAM MEENA),J
ANIL SHARMA /75
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