Rajasthan High Court – Jaipur
Vajid Son Of Shri Raju Khan Alias Bhondu … vs State Of Rajasthan (2026:Rj-Jp:13033) on 27 March, 2026
[2026:RJ-JP:13033]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. 3rd Suspension of Sentence Application
No.416/2026
In
S.B. Criminal Appeal No. 2867/2023
Vajid Son Of Shri Raju Khan Alias Bhondu Khan, Aged About 21
Years, Resident Of Sabji Mandi Ke Pass Pachpahad Police Station
Bhawani Mandi District Jhalawar (Raj) (At Present Confined In
District Jail, Jhalawar)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Somesh Mittal S/o Hari Prakash Mittal, R/o Christian Ganj
Dj Court Dictrict Jhalawar
----Respondents
For Petitioner(s) : Mr. Rohit Khandelwal
For Respondent(s) : Mr. Vijay Singh Yadav, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
27/03/2026
1. The instant 3rd suspension of sentence application is
preferred by the appellant accused in pending appeal filed
aggrieved from judgment of conviction and sentence dated
12.09.2023 in Sessions Case No.28/2017 (CIS No.41/2017)
passed by learned Special Judge (SC/ST (POA) Act Cases),
Jhalawar whereby the appellant accused was convicted under
Sections 323/34, 341, 325/34, 307/34, 427/34 IPC and sentenced
accordingly.
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[2026:RJ-JP:13033] (2 of 3) [SOSA-416/2026]
2. Learned counsel for the appellant while relying upon grounds
of appeal has submitted that the appellant is an innocent person
and he has been falsely implicated.
3. Learned counsel for the appellant submits that first
suspension of sentence application of the present appellant was
dismissed by this Hon'ble Court on 19.10.2023 and second on
13.11.2025, but since then the appeal has not been considered for
hearing. He also submits that the appellant has already served
more than 2 years and 7 months in custody.
4. Aforesaid contentions were opposed by learned Public
Prosecutor.
5. Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
6. First suspension of sentence application of the present
appellant was dismissed by this Court after considering entirety
and facts and circumstances of the case and we have observed as
under:-
“Here in this case, injured was examined as
PW-2 whereas medical jurist was examined as PW-8
and he exhibited injury report as Ex.P-21 wherein
three injuries were found on body of injured (PW-2)
and injury No.2 was found to be grievous.
A perusal of judgment indicated that present
appellants were acquitted from charge under
Section 333 IPC but they were convicted under
Section 307/34 IPC. These appellants were
identified by PW-2 in test identification parade (TIP)
conducted by PW-12 and documents were exhibited
as Ex.P-12 to Ex.P-14. PW-2 in his deposition
named Shekh Haroon as the assailants were
threatening him in the name of Shekh Haroon but
learned trial court has acquitted Shekh Haroon.
Herein the person who allegedly engaged present
appellants was acquitted by the trial court. The(Uploaded on 18/04/2026 at 11:17:04 AM)
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[2026:RJ-JP:13033] (3 of 3) [SOSA-416/2026]injuries were as a result of official animosity with
person already acquitted.
Considered aforesaid, I am of considered view
that the grounds raised by the appellants can only
be considered at the time of final stage but looking
to the fact that a person engaged in District Court
or the administration of justice was attacked at
behest of another person working in the same
system so it is unusual but a serious kind of
assault, therefore on ground that opinion regarding
offence Section 307 IPC was not available on record
and the grievous injury was not on vital part, the
appellants are not entitled to be released on bail.”
7. The maximum sentence awarded to the present appellant is
10 years and he has served approximately 2 years and 7 months.
There is a criminal background of the appellant as five criminal
cases were registered against the appellant.
8. Considering the material on record, this is not a fit case to
enlarge the appellant accused on bail.
9. In view of discussion made hereinabove, the instant third
suspension of sentence application preferred by applicant-accused
Vajid Son of Shri Raju Khan alias Bhondu Khan, is hereby
dismissed.
10. List the criminal appeal for hearing in the month of July,
2026.
(ASHOK KUMAR JAIN),J
MR/16
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