Rajasthan High Court - Jodhpur
Chhaganlal vs State Of Rajasthan ... on 10 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:48052-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 844/2025
Chhaganlal S/o Shri Gauwaji Kharadi, Aged About 45 Years,
Banswari Fala Gawadi, P.S. Jhadol, District Udaipur, Raj.
(Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Pp
----Respondent
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Rajesh Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 10/11/2025
1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 10.02.2025 passed by the learned Additional Sessions Judge No.2, District Udiapur in Sessions Case No.363/2021 :
Offence Sentence Fine Sentence in
default of fine
Section 302 IPC Life Rs.25,000/- 6 months'S.I.
Imprisonment
2. The appellant-applicant has preferred the application for suspension of sentence under Section 430 B.N.S.S./389 Cr.P.C. for suspension of sentence during the pendency of the appeal and for release on bail.
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3. The only plea raised by learned counsel for the appellant- applicant is that the two so-called eye witnesses namely Devi Lal and Kailash appeared before the trial Court as PW-2 and PW-3, respectively, and both of them have testified as hostile witnesses. Learned counsel further submits that the appellant was on bail during trial and hearing of the appeal will take time, thus, the sentence of the applicant be suspended and he be enlarged on bail.
4. Learned Public Prosecutor opposed the application for suspension of sentence with the submission that as the appellant- applicant has committed heinous offence, suspension of sentence of such offenders would send adverse message in the society.
5. We have considered the submissions made by learned counsel for the parties and perused the material available on record.
6. Looking to the fact that criminal appeals pertaining to year 2008 also are pending for hearing, there is no likelihood of hearing of the present appeal in near future.
7. In the present case as observed herein-before, the appellant- applicant was on bail during the trial. Except for the fact that the appellant-applicant was involved in offence leading to his conviction for life, nothing has been brought on record by way of extenuating circumstances for denial of suspension of sentence.
8. Consequently, without making any observations on merits of the case, we are inclined to suspend the substantive sentence of (Uploaded on 10/11/2025 at 04:25:26 PM) (Downloaded on 10/11/2025 at 06:33:29 PM) [2025:RJ-JD:48052-DB] (3 of 4) [SOSA-844/2025] the appellant-applicant-namely, Chhaganlal S/o Shri Gauwaji Kharadi, during the pendency of the appeal.
9. Accordingly, the instant application for suspension of sentence filed under Section 430 B.N.S.S./389 Cr.P.C. is allowed and it is ordered that substantive sentence passed by the learned Additional Sessions Judge No.2, District Udiapur, in Sessions Case No.363/2021 against the appellant-applicant - Chhaganlal S/o Shri Gauwaji Kharadi, shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance in this court on 12.12.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:
1. That he will appear before the trial court in the month of January of every year till the appeal is decided.
2. That if the applicant change 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.
3. Similarly, if the sureties change their address(s) they will give in writing their changed address to the trial court.
10. The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case, the (Uploaded on 10/11/2025 at 04:25:26 PM) (Downloaded on 10/11/2025 at 06:33:29 PM) [2025:RJ-JD:48052-DB] (4 of 4) [SOSA-844/2025] said accused-applicants do not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.
(SANGEETA SHARMA),J (MANOJ KUMAR GARG),J 39-amit/-
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